The Issue At issue in this proceeding is whether respondent was convicted of conspiracy to possess with intent to distribute at least five kilograms of cocaine and, if so, what disciplinary action, if any, should be taken against his Florida teaching certificate.
Findings Of Fact Respondent, Frederick Dingle Charles, holds teacher's certificate number 264894, issued by the Florida Department of Education, covering the area of substitute teaching. Such certificate is valid through June 30, 1992. During the 1989-90 school year, respondent was employed by the Dade County School Board as a teacher at Homestead Middle School. On or about September 20, 1989, respondent was arrested and charged with conspiracy to possess with intent to distribute at least five kilograms of cocaine in the United States District Court, Southern District of Florida, Case Number 89-627-CR-Aronovitz. On October 15, 1990, he was found guilty of such charge and committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 121 months.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the teaching certificate of respondent, Frederick Dingle Charles, be permanently revoked. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 13th day of June 1991. WILLIAM J. KENDRICK 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 13th day of June 1991. Copies furnished: Robert J. Boyd, Esquire 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Frederick D. Charles # 41454-004 Metropolitan Correctional Center 15801 S.W. 137th Avenue Miami, Florida 33177 The Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 Sydney H. McKenzie General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400
Recommendation In light of the foregoing, it is RECOMMENDED: That the Department enter a Final Order DENYING Katz' application for a Florida teacher's certificate for the reasons set forth in the Department's letter of January 27, l987, and the "Notice of Reasons" which accompanied that letter. DONE AND ORDERED this 17th day of June, 1987, in Tallahassee, Florida. WILLIAMS J. KENDRICK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of June, 1987.
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, and gross insubordination.
Findings Of Fact At all times material to this proceeding, the Respondent, Chico J. Arenas, was employed as a teacher by the Dade County Public Schools pursuant to a professional services contract. At the time of the hearing in this case, K. F. was a fifteen-year-old student in the 10th grade. She is a former student of the Respondent. At the time of the hearing, E. W. was a fifteen-year-old student in the 10th grade. She is also a former student of the Respondent. Both K. F. and E. W. are females. Shortly after Halloween in 1990, one day when the Respondent and K. F. were alone in a classroom, the Respondent asked K. F. whether a male student named M. was "getting action." At that time M. was a close friend of K. F. The term "getting action" was a reference to sexual intercourse. When K. F. answered the question in the negative, the Respondent repeated the question and also made statements to the effect of, "M. is lucky," that he had "heard Jamaicans are wicked in bed," and that "older guys will show you more." The Respondent also told K. F. that she made him "excited." K. F. construed these statements as being sexual in nature. As a result of these statements by the Respondent, K. F. lost the trust she had in her teacher and never went back to his class. The incident involving K. F. resulted in the Respondent being made formally aware of the School Board's policies with regard to inappropriate statements to female students containing expressed or implied sexual references and the Respondent was specifically directed to avoid sexual harassment of female students. Beginning in February of 1992, on three separate Saturdays, at approximately 11:00 a.m. on each of those days, the Respondent telephoned E. W. at her home. At that time E. W. was one of the Respondent's students. On each of those occasions the Respondent's statements to E. W. were of a personal nature and had nothing to do with the fulfillment of Respondent's duties as a teacher. On the first of the three telephone calls to E. W., the Respondent identified himself, but there was very little other conversation. Shortly after the Respondent identified himself to her, E. W. told him that she was doing something and asked if he could call back later. During the course of the second telephone call, the Respondent made statements to E. W. to the effect that he "liked" her and that he had "feelings" for her. The Respondent also told E. W. that she was "a beautiful young lady" and that she "had a nice shape." After just a few such statements, E. W. told the Respondent to call back later and she hung up. The Respondent's statements during the second telephone conversation led E. W. to believe that the Respondent had a romantic or sexual interest in her. During the course of his third Saturday telephone call to E. W., the Respondent repeated statements to the effect that he liked her, that she had a beautiful shape, and that she was a beautiful young lady. He went on to also tell her such things as that "he wanted to wrap his hands around [her] and hold [her] tight," that "he wanted to give [her] things," that her boyfriend "didn't have to know what was going on," and he also told her "not to tell her mamma [she] was talking to him on the phone." The Respondent also asked E. W. to meet him in the library near her home and to otherwise skip school so that she could be with him. The Respondent also made comments to the effect that he could do more for E. W. than her boyfriend could and that she was "a beautiful young lady, and [she] deserved beautiful things." As a result of the statements during the third Saturday telephone call, E. W. became convinced that the Respondent wanted to have a sexual relationship with her and she began taking steps to avoid the Respondent. As a student, E. W. was doing well in the Respondent's class. If she had had any personal problems that came to the attention of the Respondent, it would have been his responsibility to have referred her to one of the school counsellors. The Respondent is not certified as a counselor or as a psychologist. At the time of the telephone calls to E. W. described above, the Respondent did not have any school related business which required him to call E. W. at home, nor was he trying to reach E. W.'s mother. When the events described above were reported to school officials, the Respondent was removed from a school based employment site and reassigned to work elsewhere. The reassignment and the reasons for it became known to a number of administrators, teachers, parents, and students. The disclosure of information about the matter resulted in part from statements the Respondent made to others. The Respondent's effectiveness as a teacher has been impaired as a result of his conduct with E. W. and his prior principal would be reluctant to rehire him as a teacher. The Respondent's conduct with E. W. also constitutes misconduct in office and is a breach of his professional relationship of trust with students because it exposed a student to embarrassment and disparagement. The Respondent's conduct with E. W. also constitutes immorality.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that the School Board issue a final order in this case concluding that the Respondent is guilty of immorality, misconduct in office, and gross insubordination as charged in the Notice of Specific Charges and, on the basis of those conclusions, terminating the Respondent's employment. DONE AND ENTERED this 10th day of January 1994 in 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 10th day of January 1994. APPENDIX The following are the Hearing Officer's specific rulings on all proposed findings of fact submitted by all parties: Findings of Fact submitted by Petitioner: Paragraphs 1, 2, and 3: Accepted in substance with some details modified in the interest of clarity. Paragraph 4: Rejected as irrelevant because the conduct described here was not charged in the Notice of Specific Charges. Paragraphs 5, 6, 7, the unnumbered paragraphs following 7, 8, and 9: Accepted in substance with some details modified in he interest of clarity and accuracy. Paragraphs 10 and 11: The essence of these paragraphs has been accepted, but most details have been omitted as unnecessary. Findings of Fact submitted by Respondent: By way of clarification, it is noted that the Respondent submitted two post-hearing documents in support of his positions on the issues: one titled RESPONDENT'S MEMORANDUM IN SUPPORT OF HIS PROPOSED ORDER RECOMMENDING REINSTATEMENT, and the other titled RESPONDENT'S PROPOSED FINDINGS OF FACT AND ORDER. The first of these two documents includes an extensive summary of the testimony, which summary has been carefully reviewed by the Hearing Officer. However, because those summaries do not constitute proposed findings of fact, they are not specifically addressed below. Here, as in the usual course of events, it would serve no useful purpose to recite at length the extent to which the summaries are or are not accurate and to do so would add to this Recommended Order voluminous subordinate and unnecessary details; details which have been carefully considered during the fact-finding in this case. Specifically addressed below are the paragraphs contained in the "Findings of Fact" portion of the RESPONDENT'S PROPOSED FINDINGS OF FACT AND ORDER. Paragraphs 1, 2 and 3: Rejected as contrary to the greater weight of the evidence. (This disposition of the proposed findings is, in any event, irrelevant in view of the Hearing Officer's disposition of the immorality charge). Paragraph 4: Rejected as contrary to the greater weight of the evidence. The evidence is sufficient to prove the acts alleged by a preponderance of the evidence. Paragraph 5: Rejected as contrary to the greater weight of the evidence and as constituting a proposed conclusion of law, rather than proposed findings of fact. (On the basis of Johnson v. School Board of Dade County, 578 So.2d 387 (Fla. 3d DCA 1991), the Hearing Officer has reached a conclusion different from the one proposed here.) COPIES FURNISHED: David Rothman, Esquire Thornton, Rothman and Emas, P.A. 200 South Biscayne Boulevard Miami, Florida 33131 James C. Bovell, Esquire 75 Valencia Avenue Coral Gables, Florida 33134 Dr. Joyce Annunziata, Director Office of Professional Standards Dade County Public Schools 1444 Biscayne Boulevard Miami, Florida 33132 Octavio J. Visiedo, Superintendent Dade County School Board 1450 Northeast Second Avenue #403 Miami, Florida 33132-1308 Madelyn P. Schere, Esquire School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33122 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400
The Issue Whether Respondent engaged in inappropriate conduct with students and colleagues during the 1996-97 school year, having received a Letter of Reprimand on September 22, 1997. Whether Respondent violated various provisions of the Principles of Professional Conduct during the 1996-97 and 1997-98 school year. Rule 6B-1.006(3)(a) and (e), Florida Administrative Code. Whether Respondent's teaching certificate should be revoked or suspended or other penalty imposed as provided by law, for gross immorality or an act involving moral turpitude, in violation of Section 231.28(1)(i), Florida Statutes.
Findings Of Fact Based upon the exhibits received into evidence, the stipulation of the parties, and the testimony of the witnesses at the hearing, the following findings of fact are made: The Education Practices Commission has the authority to suspend or revoke the teaching certificate of any person holding a Florida Educator's Certificate for violation of Florida laws and rules. Respondent holds Florida Educator's Certificate 537304, covering the areas of Elementary Education and Middle Grade Math, and which is valid through June 30, 1999. At all times pertinent hereto, Respondent was employed by Orange County School District as a teacher at Union Park Middle School. April Cook, now 14, had Respondent as a math and English teacher when she was in the sixth grade. On one occasion, during the 1996-97 school year, while April was attending Respondent's class, Respondent was talking to the class about a "higher power" and raised her hand using her middle finger stating that this referred to the higher power. April interpreted this hand gesture to mean "fuck you" and was "stunned" by Respondent's conduct in the classroom. Ricky Souza, now 14, had Respondent as his sixth grade language arts teacher and seventh grade math teacher. On one occasion while Ricky was attending Respondent's class, Respondent was talking to the class about how she praised God and raised her hand using her middle finger in the same manner observed by Cook. Ricky was "offended" by Respondent's hand gesture, although Respondent stated that God was a good force. Respondent was not a popular teacher while at Union Park Middle School and students were regularly disrespectful in class and would spread rumors about her throughout the school. Rebecca Jones and Carol Pickler are teachers at Union Park Middle School. Mrs. Jones has been a teacher for 18 years, Mrs. Pickler, 32 years. On one occasion during the 1996-97 school year, while Mrs. Jones and Mrs. Pickler were in the hallway of the school talking, Respondent approached them and stated: "Every time I see the two of you, I'd like to beat the shit out of both of you." She then turned and walked down the hallway. No provocation for the statement has been established. However, no students were in the area to hear the remark. Diane Lovett was the principal at Union Park Middle School during the relevant time period. She has been a teacher and administrator for 10 years. Her responsibilities include evaluation of teachers, observations of teachers and handling disciplinary matters. While principal at Union Park, Mrs. Lovett observed Respondent teach on several occasions. During these observations Respondent's teaching seemed to be "scattered discourse." On one occasion, Lovett heard the Respondent threaten her students by telling them that the FBI would come and take them to jail if they did not behave. Mrs. Lovett also observed Respondent, while holding her hand up and counting on all of her fingers, use her middle finger in the same manner described by April Cook and Ricky Sousa. She alluded to the third finger as being an example of the higher power. Parents reported to Mrs. Lovett that they were offended by the hand gesture made by Respondent, as reported to them by students. Respondent used hand gestures in the classroom which were misinterpreted by the students. Mrs. Lovett counseled Respondent about the hand gesture and told her that it was an obscene gesture and that she should not use it in the classroom. After Mrs. Lovett counseled Respondent about her using the hand gesture, Mrs. Lovett observed Respondent use the gesture in the classroom again by referring to the middle finger as the higher power. On another occasion, Mrs. Lovett went to Respondent's classroom. When Mrs. Lovett arrived, Respondent was very distraught. Respondent was screaming at a student and pointing in the face of one of the students because she thought the student's book bag was not placed properly under his desk. Respondent stated that she could not take it anymore. Other students in the classroom observed Respondent's behavior and they were "on the verge of tears." Respondent used acrostics often in the classroom. One acrostic was to use the word "Christ" to spell out a positive message. Linda Lovell is the bookkeeper at Union Park Middle School. Mrs. Lovell has been at Union Park for 14 years. On one occasion, Respondent directed one of her students to take a document to Mrs. Lovell and ask her to send the document to the address by fax. Mrs. Lovell told the student to inform Respondent that she (Mrs. Lovell) could not fax the document, but that she would show Respondent how to use the fax machine. Later that afternoon, Respondent went to the front office where Mrs. Lovell's office was located and engaged in a verbal altercation with Lovell, at whom Respondent yelled and screamed. Respondent accused Mrs. Lovell of causing her husband to lose his insurance because Mrs. Lovell did not send the fax. Because Respondent was very angry and appeared out of control, Mrs. Lovell was afraid and did not know what to do. Others in the office could hear the Respondent's verbal assault upon Mrs. Lovell. On September 22, 1997, the principal of Union Park issued a letter of reprimand for misconduct, including inappropriate conduct in the classroom and with school statements for the incidents described above which occurred in the 1996-97 school year. Respondent disputed the substance of the allegations contained in the letter. The 1996-97 school year was a very stressful period for Respondent. During the period, Respondent's mother died, her husband became gravely ill and subsequently died also, and Respondent was removed from the classroom for a period of time. When she returned she came under the close scrutiny of a new principal.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby: RECOMMENDED that the Education Practices Commission enter a final order that: Respondent engaged in inappropriate conduct with students and colleagues during the 1996-97 school year. Respondent be found not guilty of gross immorality or committing an act involving moral turpitude, in violation of Section 231.28(1)(i), Florida Statutes. Respondent be found not guilty of violating Rule 6B- 1.006(3)(a), Florida Administrative Code. Respondent be found guilty of violating Rule 6B- 1.006(3)(e), Florida Administrative Code. Respondent be issued a letter of reprimand in view of the minor matter of the offense and the demonstration of mitigation by Respondent. DONE AND ENTERED this 10th day of December, 1999, 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 10th day of December, 1999. COPIES FURNISHED: Harvey M. Alper, Esquire Alper & Crichton, P.A. 112 West Citrus Street Altamonte Springs, Florida 32714 Ron Weaver, Esquire 528 East Park Avenue Tallahassee, Florida 32301 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education Florida Education Center 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399 Jerry W. Whitmore, Program Director Professional Practices Services Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400
Findings Of Fact Upon consideration of the evidence adduced at the hearing, the following relevant facts are found: At all times material to this proceeding, Respondent held Florida Teaching Certificate No. 139016 covering the area of history and qualifying him to teach grades 7 through 12. From on or about January 27, 1988, until August 29, 1989 the Respondent was employed by the Board as a teacher at Sandalwood Junior/Senior High School, teaching 8th grade gifted students ranging in age from 13 to 14 years and 11th and 12th grade advanced placement history students ranging in age from 16 to 18 years. Respondent is presently employed by the Board, assigned to the Media Center in Jacksonville, Florida where he was assigned on August 29, 1989. Prior to his present employment with the Board, the Respondent had been employed by the Florida Community College of Jacksonville (FCCJ) for 21-1/2 years as a teacher/administrator. Before assuming his teaching duties at Sandalwood, Respondent had read the Code of Ethics of the Education Profession and understood and accepted the obligations and responsibilities placed on him by the code. On June 21, 1989, S.L.W. ran away from her home in North Carolina and while standing outside of a local fast food restaurant, a short distance from her home, an individual called Adrian Freeman offered her a ride. S.L.W. was not acquainted with Freeman before he offered her a ride. Freeman learned from S.L.W. that she had run away from home and offered to help her and not tell anyone. S.L.W. spent the night at Freeman's house and while there she became intoxicated and "passed out." While S.L.W. was passed out, Freeman sexually assaulted her. The next day, June 23, 1989, S.L.W. decided to leave Freeman's house and he drove her to the bus station. At first, S.L.W. was going to Myrtle Beach but because the bus for Jacksonville, Florida left earlier she decided to go to Jacksonville. Before S.L.W. left for Jacksonville, Freeman made arrangements with the Respondent for him to meet S.L.W. in Jacksonville and find her a place to stay. Upon arriving in Jacksonville, S.L.W. was met at the bus station by Respondent. The Respondent told S.L.W. that he was a high school teacher. S.L.W. told Respondent that she was in the tenth grade and a runaway. Respondent then told S.L.W. that she would be staying at the home of Lee Daniels. Respondent then bought S.L.W. some food. When S.L.W. finished eating he carried her to the home of Lee Daniels but they were told to come back later. Respondent and S.L.W. later returned to the home of Daniels around 10:00 a.m. Respondent showed S.L.W. to her room and told her to take a shower. After taking she shower she put on her clothes and got under the cover. At this point, Respondent returned to the room with an alcoholic beverage for S.L.W. Respondent then told S.L.W. to remove her clothes item by item and once she was undressed began to massage her body. Later Respondent attempted sexual intercourse with S.L.W. and, although Respondent did not have an ejaculation he did penetrate S.L.W.'s vagina with his penis. Respondent then left Daniels' home and was seen by S.L.W. on only two other occasions. There was no physical contact between them on these occasions. S.L.W. remained at Daniels' home for approximately three weeks. Eventually, S.L.W. was picked up by a State Trooper at a bar and through the Jacksonville Sheriff's Department was returned to her mother. S.L.W. identified Respondent for the sheriff's department as the person who sexually assaulted her by pointing him out in a high school year book. Based on this identification, Respondent was arrested and charged with lewd and lascivious assault upon a minor. Respondent's conduct involving S.L.W. was immoral, reflects on his character, not only as an individual but more specifically as a teacher, and is in violation of the Duval County Teacher's Tenure Act and the Code of Ethics of the teaching profession. Although the publicity of Respondent's involvement with S.L.W. created by several newspaper articles and television stories and by word of mouth of the students, teacher and parents of Sandalwood seriously impaired his effectiveness as a teacher at Sandalwood, there was insufficient evidence to show that Respondent's effectiveness as a teacher had been seriously impaired in the Duval County School System as a whole.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, it is, RECOMMENDED that the Board enter a Final Order finding Respondent guilty of having violated Section 4(a) of the Duval County Teacher Tenure Act and terminating his employment with the Board. DONE AND ENTERED this 12th day of July, 1990, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of July, 1990. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-6704 Specific Rulings on Proposed Findings of Fact Submitted by the Petitioner 1-4. Adopted in Findings of fact 1, 3, 2 and 4, respectively. 5-7. Rejected as not being material or relevant to this case or not being supported by any substantial competent evidence in the record. 8. Adopted in Finding of Fact 5. 9-10. Adopted in Finding of Fact 2. 12-55. Adopted generally in Findings of Fact 6 through 19, otherwise rejected as not being material or relevant, or being redundant or subordinate, or not supported by any substantial competent evidence in the record. Specific Rulings on Proposed Findings of Fact Submitted by the Respondent 1.-2. Adopted in Finding of Facts 2 and 3. 3.-4. Adopted generally in Finding of Fact 17, otherwise rejected as not being material or relevant. Rejected as not being material or relevant. Covered in Preliminary Statement. 7.-10. Adopted generally in Findings of Fact 6-17, otherwise rejected as not being material or relevant, or redundant or subordinate, or not supported by any substantial competent evidence in the record. 11.-15. Adopted in Findings of Fact 19, otherwise rejected or not being material or relevant, or being redundant or subordinate, or not being supported by any substantial competent evidence in the record. 16. Rejected as not being supported by any substantial competent evidence in the record. See Findings of Fact 10 through 18. COPIES FURNISHED: Dr. Larry Zenke, Superintendent Duval County School Board 1701 Prudential Drive Jacksonville, Florida 32207 Gail A. Stafford, Esquire 421 West Church Street, Suite 715 Jacksonville, Florida 32202 David A. Hertz, Esquire 1601 Atlantic Boulevard Jacksonville, Florida 32207 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 =================================================================
The Issue Whether Respondent, a teacher, committed the violations alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact Respondent has held Florida Teaching Certificate 720034 at all times material to this proceeding. His certificate covers the area of sociology and is valid through June 30, 2002. The Broward County School Board (School Board) employed Respondent as a classroom teacher pursuant to a professional service contract at all times material to this proceeding. Respondent began his employment with the School Board on February 14, 1992. On March 8, 1999, Respondent was placed on administrative leave. On July 20, 1999, the School Board suspended Respondent's employment without pay. On August 17, 1999, Respondent requested a formal administrative hearing, and the matter was referred to DOAH. Petitioner offered no evidence as to the outcome of the DOAH proceeding or as to Respondent's current employment status with the School Board. 1/ Respondent's first teaching assignment was at Apollo Middle School, a public school in Broward County, where he taught for three years. His performance was evaluated several times during his tenure at Apollo. Each evaluator found Respondent to need improvement in the area of classroom management. Respondent was transferred to Attucks Middle School, a public school in Broward County, where he was working during the 1998-99 school year. Respondent's assignment for that school year was to teach a class of seventh-grade students who had behavioral problems in other settings. Respondent, a former college and professional basketball player who is approximately 6'7" tall, believed he was given that assignment, in part, because his stature would intimidate the students in that class. On or about November 25, 1998, D. S., a male student in Respondent's class, was misbehaving. Respondent chased D. S. around the classroom, shoved him into a wall, and physically threw him out of the classroom. During the 1998-99 school year, Respondent encouraged the students in his class to settle their differences by fighting, using the expression "fight till you die, death row." He also permitted the students in his class to gamble by flipping coins and playing cards. On or about March 8, 1999, Respondent was placed on administrative leave by the School Board. While on administrative leave, Respondent worked as a counselor for an after-school program located at the Whiddon-Rogers Education Center (Whiddon-Rogers). The City of Fort Lauderdale administered that after-school program and employed the staff for the program. The City of Fort Lauderdale employed Respondent while he worked for the after-school program. K. F. J. is a married female. At all times material to this proceeding, K. F. J. was dually employed as a counselor at Whiddon-Rogers and as a teacher's assistant. The School Board employed K. F. J. during the part of the day that she worked as a teacher's assistant. The City of Fort Lauderdale employed K. F. J. during the part of the day that she worked at the after-school program. K. F. J. testified that her duties as a counselor at Whiddon-Rogers were ". . . to play with the kids with different recreations [sic], ping pong, volleyball, basketball, different games, stuff like that." The after-school program at Whiddon- Rogers was a child care program. Petitioner failed to establish that the after-school program was an educational activity. While he was employed at Whiddon-Rogers, Respondent repeatedly sexually harassed K. F. J. This behavior regularly consisted of unsolicited sexual advances and offensive behavior implying Respondent's sexual desires. K. F. J. emphatically rebuffed Respondent's advances. Respondent created a hostile, intimidating, abusive, offensive, or oppressive environment for K. F. J., who was justifiably afraid of Respondent. On April 28, 1999, Respondent made sexually inappropriate comments to K. F. J., asking her to give her a hug and to let him grab her "ass." K. F. J. became very angry and an argument ensued. Respondent made vague threats against K. F. J. and her husband. C. C., a seventeen-year-old male student, interceded between Respondent and K. F. J., telling Respondent to leave her alone. James Parrish was the head custodian at Whiddon-Rogers in April 1999. Mr. Parrish heard the verbal exchanges between Respondent and K. F. J., and he saw C. C. intercede between the two of them. Later that afternoon, Respondent came to believe that C. C. had punctured a tire on Respondent's automobile. Respondent saw C. C. leaving Whiddon-Rogers and ran after him. Mr. Parrish and a male counselor named Dennis ran after Respondent. Respondent caught C. C., grabbed him by the neck, and was about to strike C. C. when Mr. Parrish and Dennis physically restrained Respondent. Petitioner filed the Administrative Complaint that underpins this proceeding on July 20, 2000. 2/
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order adopting the findings of fact and conclusions of law set forth herein. The final order should revoke Respondent's teaching certificate. DONE AND ENTERED this 6th day of September, 2001, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 6th day of September, 2001.
The Issue At issue in this proceeding is whether respondent committed the offenses set forth in the administrative complaint and, if so, what disciplinary action should be imposed.
Findings Of Fact Respondent, June C. Rawls, currently holds Florida teaching certificate number 240351, covering the areas of early childhood education and elementary education, which is valid through June 30, 1996. Respondent has been employed by the Dade County Public School System for 25 consecutive years and was so employed at all times pertinent to these proceedings. During the 1990-91 school year, respondent was employed as a kindergarten teacher at Gloria Floyd Elementary School. Her class, comprised of 5 and 6-year-olds, was typical in terms of class size, with 22 to 24 students, and in terms of the nature of her students, with the vast majority considered within the "norm" and two or three that might ultimately be identified as "outstanding" or "exceptional" students. Here, petitioner charges that during the 1990-91 school year respondent used inappropriate physical force to discipline or control the behavior of her students, and made inappropriate or disparaging remarks to her students. The proof overwhelmingly supports such charges and demonstrates that not only did respondent subject her youthful charges to such loathsome conduct, but that she did so on a routine basis. 1/ Regarding the verbal abuse respondent visited upon her students, the proof demonstrates that she routinely spoke in a loud, harsh and intimidating voice, and ridiculed, mocked and denigrated her students. Exemplifying the tenor of remarks she vented upon various of her student or the class are the following: "You're no good, I know you're no good, you're mother knows you're no good and you're father knows you're know [sic] good so sit down and shut up." In a 7 minute tirade, abraded a student with the following remarks: the "reason you're parents don't like you; you are so bad; when you come home tonight you're parents are going to be gone, they're going to go off and leave you; you are so bad; nobody likes you, you're parents don't love you." Abrading the entire class, she commented with regard to their comparative worth with the class next door, which was a prekindergarten, high risk, special education class, the following: "If you don't shut up you're going to be like those kids next door, you know what their like. If you don't, you're going to be just like those children next door; you are just like those children next door; you're stupid; you're dumb." Upon being advised by another teacher that she had found a dollar lying on respondent's classroom floor, and one of the respondent's students averring that it was his, respondent remarked in a loud strident voice so the entire class could hear that he "was a sick puppy, . . . he would never amount to anything and it was no wonder his parents didn't like him and [that the other teacher] shouldn't touch the money since it had been in his underwear." And, variously, "you're not worth anything," and "you're dumb, you're never going to be anything." In addition to the loud, harsh and intimidating voice respondent used to address her students, she was also physically abusive towards them. In this regard, the proof demonstrates the following: Respondent would occasionally drag students across the floor by their wrists to the "time out corner," and slap them; pick students off the ground by their wrists and shake them; and roughly push or slam them into their seats or on the floor. On one occasion, respondent picked a student up by the jaws, about two feet off the floor, and carried the child about seven or eight feet across the room. Respondent was observed pushing students, pulling their hair, squeezing their ears and pinching them. On one occasion, respondent was observed angrily throwing a back pack and lunch box across the classroom, and on another occasion, she was observed to have kicked a child who had kicked another child. Finally, respondent was observed to have forced her students to sit in a cross legged position, and when one child apparently was having problems because the child's legs were getting cramped and opened them up, respondent took the child's legs and slammed them close to cross them again. The foregoing incidents of verbal and physical abuse reflect the tenor of respondent's conduct toward her students during the course of the 1990-91 school year, which was routinely punctuated by verbal haranguing. Such conduct failed to present a good example, as a role model, for the students or set a good example for the children to emulate in dealing with their peers; caused various students to become hysterical,cower, cry and fear respondent; damaged their self esteem; and raised concern that her rough handling of students could result in serious injury to them, such as damage to their spinal cord. Respondent's conduct during the 1990-91 school year was condemned by her peers and parents. Such conduct evidenced a reckless indifference to the mental and physical well-being of her students, was contrary to Dade County Public School policy which forbids the use of corporal punishment, and such punishment was administered contrary to the provisions of state law. Section 232.27, Florida Statutes. While respondent's conduct during the 1990-91 school year forms the basis for the charges lodged against her by petitioner, the proof demonstrates, as elicited by respondent, that her abusive behavior was not limited to that school year. Rather, the proof demonstrates that the demeanor she exhibited towards her students deteriorated over the two-year period preceding the 1990-91 school year, and her verbal haranguing continued into the 1991-92 school year even though she had been reassigned to teach a higher grade level. In December 1991, respondent's physician advised her, after consulting him for some "physical problems," that "different chemicals within [her] body were elevated and he thought [she] should seek counseling or take some time off from work." Consequently, respondent took two weeks leave, in addition to her normal Christmas holidays, and during such time saw a psychologist for counseling. The record is, however, devoid of any proof concerning respondent's diagnosis, the purpose for the counseling, the frequency of the counseling, or the prognosis for her recovery from the condition, albeit unexplained of record, which prompted her referral to counseling. What does appear of record is, however, the fact that what ever counseling she received was limited to December 1991, and that she has sought no counseling since that time. In January 1991, following the Christmas holidays, respondent returned to Gloria Floyd Elementary School, where she remained until she was transferred to another school in May 1992. Apparently no change occurred in respondent's behavior because, notwithstanding counseling, respondent's principal was of the opinion, which is credited, that respondent "should leave the classroom . . . I don't think she should be teaching elementary school." While severe, the conclusion that respondent should not be permitted to return to the classroom, at the current time, is well supported by the clear and present danger respondent posed to her students' mental and physical well- being during the 1990-91 school year, and the lack of any compelling proof that such conduct would not reasonably be expected to repeat itself. In so concluding, respondent's testimony that she has not suffered similar problems during the 1992-93 school year has not been overlooked; however, such testimony is not persuasive or credible given respondent's contemporaneous denial, in the face of overwhelming proof to the contrary, that she ever committed any of the acts of verbal or physical abuse heretofore discussed, and would never have done so because it would have been "demeaning and disparaging" to the students. In sum, respondent is either a prevaricator or her grasp of reality is so distorted as to lack reliability, such that her testimony is unworthy of belief.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be rendered which permanently revokes respondent's teaching certificate for a term of five (5) years. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 26th day of February 1993. WILLIAM J. KENDRICK 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 26th day of February 1993.
