Findings Of Fact Allan Bonilla, currently Principal of Riviera Junior High School, was one of at least two assistant principals who attempted to work with Venus Tara Rodriguez during her 7th grade experience there in the 1984-1985 regular school year. He has been employed four years at that facility. Immediately prior to the winter vacation (commonly known as the extended Christmas holidays), on December 20, 1984, Venus left the campus without prior permission, this activity resulted in a two-day indoor suspension. In February, 1985, she received a three-day indoor suspension as the result of tardiness which culminated in an outdoor suspension the same month because her behavior at the three-day indoor suspension was so disruptive that it was deemed ineffective for her and the other students. In March, 1985, her rude and disruptive classroom behavior resulted in two indoor suspensions. In April 1985, as a result of her refusal to work during the last indoor suspension, she was assigned an outdoor suspension. Mr. Bonilla did not work with Venus as regularly as another assistant principal who was not available for hearing, but he expressed personal knowledge of the foregoing events and had interacted with Venus on several occasions for being out of class and boisterous. His assessment was that Venus could do the work required of her but that her behavior was so disruptive in the classroom that at the conclusion of the regular 1984-1985 school year she was failing two out of six subjects and was doing approximately "D" work in the rest. He agreed with the decision to assign her to an alternative school program, which decision was made because of Venus' need of individual attention and smaller class due to her habit of "acting out" in large groups. Venus' parents were contacted concerning each suspension. Mr. Bonilla testified that Venus has successfully finished 7th grade during the 1985 summer school session at GRE Lee opportunity School and he has received notice she will be reassigned and enrolled at Riviera Junior High School for the 1985-1986 school year commencing in September 1985.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is recommended that the School Board enter a final order returning Venus Tara Rodriguez to Riviera Junior High School. DONE AND ORDERED this 29th day of August, 1985, at Tallahassee, Florida. ELLA JANE P. DAVIS, 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 29th day of August, 1985. COPIES FURNISHED: Phyllis O. Douglas, Esquire 1410 N. E. Second Avenue Miami, Florida 33132 Madelyn P. Schere, Esquire Dade County Public Schools Board Administration Building 1410 N. E. Second Avenue Miami, Florida 33132 Mark A. Valentine, Esquire 3050 Biscayne Blvd. Suite 800 Miami, Florida 33137-4198 Ms. Wilhelmina A. Rodriguez 4110 S. W. 104th Place Miami, Florida 33165 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools 1510 N. E. Second Avenue Miami, Florida 33132
Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, the documentary evidence submitted and the entire record compiled herein, I hereby make the following bindings of fact: The Respondent, Consuelo DeArmendi, holds a Rank I Florida teaching certificate #399385, expiring June 30, 1987, authorizing her to teach foreign languages in secondary education. The Respondent has been employed as a foreign language teacher by the Dade County school system for approximately eight (8) years beginning in 1978. Respondent was initially employed at Miami Palmetto Senior High School for the 1978-79 school and taught at Highland Oaks Junior High School for the 1979-80 school year. Beginning with the 1980-81 school year, Respondent taught Spanish and French at Miami Carol City Senior High School where she remained until her suspension on June 4, 1986. 1980-81 SCHOOL YEAR During the 1980-81 school year, the Respondent was late or absent from Miami Carol City Senior High School on many instances and failed to call the school office as prescribed in the Faculty Handbook. According to the handbook, which is provided to all teachers, a teacher is required to notify the school prior to leaving if the teacher is aware that he or she will be absent the following day. A teacher may also call a designated member of the clerical staff between 6:00 p.m. and 9:30 p.m. if they intend to be absent the following day but were unaware of the intended absence prior to leaving school. Finally, the teacher is allowed to report an unexpected absence to the school on the morning of the absence between 6:30 and 6:45 a.m. Advance notice of an absence allows the school to secure substitute teacher coverage for the class. For the 1980-81 school year, Respondent was observed and evaluated by her principal and rated "unacceptable" in preparation and planning, professional responsibility and supportive characteristics because of repeated absences and tardiness. On February 10, 1981, the principal placed the Respondent on extended annual contract for failure to improve her attendance at work and failure to comply with school policy regarding teacher absences. 1981-82 SCHOOL YEAR The classroom observation of Respondent conducted on November 11, 1981 by the assistant principal resulted in an overall "unacceptable" rating. Respondent was found unacceptable in Category I - Preparation and Planning; Category III - Classroom Management; Category IV - Techniques of Instruction; Category VI - Teacher Student Relationships; and Category VII - Professional Responsibility. The classroom observation of Respondent conducted on March 1, 1982 by the assistant principal resulted in an overall "unacceptable" rating. Respondent was rated unacceptable in Category I - Preparation and Planning; Category III - Classroom Management; Category IV - Techniques of Instruction; Category V - Assessment Techniques; Category VI - Teacher-Student Relationships; and Category VII - Professional Responsibility. The classroom observation of Respondent conducted on March 18, 1982 by the assistant principal resulted in an overall "unacceptable" rating. Respondent was rated unacceptable in Category III - Classroom Management; Category IV - Techniques of Instruction; Category VI - Teacher-Student Relationships and Category VII - Professional Responsibility. The classroom observation of Respondent by Ms. Wally Lyshkov, the school district foreign language supervisor, conducted on April 15, 1982, resulted in an overall "unacceptable" rating. In particular, Respondent was found unacceptable in Category I - Preparation and Planning; Category III - Classroom Management; Category IV - Techniques of Instruction; Category V - Assessment Techniques and Category VI - Teacher-Student Relationships. Ms. Lyshkov's observation of Respondent's teaching techniques and materials revealed that Respondent had a multi- level class (Spanish II and III combined), but only used one set of lesson plans. The lesson plans did not include the variety of activities that are usually and normally found in a multi-level class. The students tended to ignore any directions that Respondent gave and there was little, if any, exchange with the students. There was almost no activity or active participation on the part of the students, and Respondent was generally unaware of what the students were doing. During the 1981-82 school year, the Respondent received assistance and recommendations from Ms. Lyshkov on handling multi-level classes and assistance in establishing various student-directed and teacher-directed activities. In Ms. Lyshkov's opinion, the Respondent did not demonstrate an ability to deliver quality education or instruction because of her ineffectiveness in transmitting her knowledge to the students. During the 1981-82 school year, the principal became concerned with Respondent's excessive number of absences and her failure to comply with the school's procedures for calling in and reporting absences. In addition, the principal had received several complaints from students and parents concerning Respondent's excessive absences. On March 8, 1982, the principal gave her a notice of not complying with procedures and requested a formal conference to discuss Respondent's excessive absenteeism and student complaints. On June 3, 1982, Respondent was officially observed in the classroom by the principal and received an overall rating of acceptable. However, Respondent was rated unacceptable in Category VIII - Professional Responsibility, because of her consistent failure to follow guidelines in reporting her absences and her excessive number of absences which negatively impacted on the continuity of instruction provided to her students. In the Respondent's Annual Evaluation Report for the 1981-82 school year, the principal recommended that Respondent not be re-employed. The Respondent was rated "unacceptable" in preparation and planning, classroom management, techniques of instruction, teacher-student relationships, professional responsibility and supportive characteristics (teacher contribution to total school program). Despite the principal's recommendation, Respondent was re-hired because she had already achieved continuing contract status. 1982-83 SCHOOL YEAR On January 26, 1983, the principal conducted a conference-for-the- record with Respondent. The conference was held because of Respondent's attendance record, lack of planning and failure to comply with instructions governing the reporting of absences. On several occasions, the Respondent failed to timely notify the school about her intention to be absent which resulted in difficulties obtaining a substitute teacher and often required another teacher to cover the Respondent's classes as well as his/her own class. In addition, teachers are required to have emergency lesson plans on file for use by substitute teachers when the primary teacher is absent. The Respondent did not have any emergency lesson plans on file. Respondent had been absent from her teaching assignment twenty-seven (27) days since the beginning of the 1982-83 school year. During the January 26, 1983 conference, Respondent informed the principal that she was taking medication (lithium) because of a manic-depressive disorder and that her most recent string of absences were due to a failure to take a proper dosage of the medication. The principal reminded Respondent of her responsibility to properly notify the school when she was going to be absent or tardy and referred her to the Employee Assistance Program. 1983-84 SCHOOL YEAR During October 1983, the Respondent was warned by the assistant principal on several occasions about her failure to properly inform the school regarding her absences. She was referred to the Faculty Handbook to review teacher's absences. Further, she was asked to prepare at least one week of emergency lesson plans to be used in her absence. Respondent did not prepare the emergency lesson plans as required. A classroom observation of Respondent conducted on November 22, 1983 by the assistant principal resulted in an overall "unacceptable" rating. In particular, Respondent was rated "unacceptable" in Category I - Preparation and Planning because she did not have adequate lesson plans for the subjects being taught. The lesson plans were not suitable for Respondent's mixed-level class because there was no distinction between student activities. Respondent was rated "unacceptable" in Category IV - Techniques of Instruction because there was no distinction in instruction provided to the different levels and groups of students. Respondent was rated "unacceptable" in Category V - Assessment Techniques because she did not follow school policy concerning grades which required at least one grade per week. There were only two or three grades on the roll book per student (this was the ninth week of school) and there was no rationale for the grades. Respondent did not maintain any records of student achievement other than what was on the roll book. Respondent was found "unacceptable" in Category VII - Professional Responsibility and Category VIII - Supportive Characteristics because of her excessive absences and her failure to follow proper procedure in reporting absences. The Respondent's excessive absences led to problems with continuity in student instruction as well as parental and student complaints. As a result of the observation on November 22, 1983, Respondent was given a prescription of planned activity which was designed to help her improve in these areas that had been rated unacceptable. On December 2, 1983, the Respondent was again warned by the assistant principal about reporting absences in a timely fashion. As was the case in most instances, the Respondent was absent and had failed to notify the school in a timely manner. A classroom observation of Respondent conducted on January 19, 1984 by the assistant principal resulted in an overall rating of "unacceptable". In particular, Respondent was rated "unacceptable" in Category I - Preparation and Planning; Category V - Assessment Techniques; Category VII - Professional Responsibility; and Category VII - Supportive Characteristics. For the 1983-84 school year, the principal rated Respondent as acceptable and recommended her for employment primarily because he had noted a sharp turnaround in Respondent's performance in the second half of the school year, starting in February, 1984. The principal knew that Respondent had been hospitalized in December 1983, and believed that as long as she was receiving medical attention and taking medication, she would be capable of performing in the classroom. 1984-85 SCHOOL YEAR At the conclusion of the 1984-85 school year, the principal rated the Respondent acceptable in all categories and recommended her for employment. 1985-86 SCHOOL YEAR On October 4, 1985, the principal held a conference for the record with Respondent to discuss her continued excessive absenteeism, failure to timely notify the school regarding her absences and numerous parent and student complaints regarding the instruction in Respondent's classroom. On October 4, 1985, the school year had been in session for students for twenty-two (22) days. The Respondent had been absent 10 days and had only completed one full week of school without an absence. At a conference on October 4, 1985 with the principal, Respondent indicated that she was under medication and that the problems she was experiencing would be corrected. On October 17, 1985, the assistant principal conducted an observation of Respondent's classroom. Respondent was rated overall as "acceptable", but was rated "unacceptable" in classroom management. Respondent was rated "unacceptable" in classroom management because of an apparent lack of control over the students in her classroom. When the assistant principal entered the classroom, the teacher was sitting at the desk and seemed to have little or no control over the students. Only four (4) or five (5) students were participating in the class discussion and the balance of the 25-30 students in the classroom were combing their hair, talking, eating or doing whatever they chose to do. When Respondent noted the presence of the assistant principal, she began to shout loudly at the class in an unsuccessful attempt to gain control. After the October 17 observation, the assistant principal gave Respondent a prescription for classroom management which required her to plan instructional activity to cover the entire hour of the class, establish a seating chart, separate talking students, plan activities with other Spanish teachers for instruction, work with the guidance counselor and make parental contacts with students who were disruptive in class. Respondent did not comply with or perform the planned activities set forth in the prescription. On November 6, 1985, the principal directed Respondent to provide a doctor's statement whenever she was absent because of illness. Respondent was absent after the directive and did not comply with it or provide an explanation for her absence. Between November, 1985 and early February, 1986, the Respondent took leave. She returned to work on February 14, 1986 and shortly thereafter continued her pattern of absences. In early March, 1986 the principal scheduled a conference for the record with Respondent for March 5, 1986 to discuss several student and parent complaints which the school had received. The Respondent was absent and did not attend the conference scheduled for March 5. Although the Respondent called the school to report an intended one day absence, the school did not hear anything from Respondent nor anything of her again until March 14, 1986. On March 14 a corrections officer contacted the school and stated that the Respondent was in the Women's Detention Center on a charge of battery and was being held pending a psychiatric examination at Jackson Memorial Hospital. Respondent was absent from her school assignment from March 5 until May 7, 1986. This absence negatively affected instructional continuity and the quality of education provided to the students in Respondent's classes. During the 1985-86 school year, Respondent was absent from her work assignment for at least eighty (80) days. At the conclusion of the 1985-86 school year, Respondent was evaluated by her principal as "unacceptable" and was not recommended for employment. Respondent was rated "unacceptable" in classroom management and professional responsibility. Throughout her period of employment, Respondent has undergone psychiatric medical treatment from at least five different physicians: Dr. Martinez, Dr. Garcia-Granda, Dr. Diaz, Dr. Metcalf and Dr. Vilasusa. Respondent has been diagnosed as a manic-depressive, characterized by periods of deep depression and/or extreme elation. It was uncontroverted that Respondent has an excellent command of her academic specialities--Spanish and French.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be issued sustaining Respondent's suspension and dismissing Respondent from employment with the School Board of Dade County, Florida. DONE and ORDERED this 22nd day of June, 1987 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON 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 22nd day of June, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-2274 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. Rulings on Proposed Findings of Fact Submitted by the Petitioner. 1. Adopted in Finding of Fact 2. 2. Adopted in Finding of Fact 3. 3. Adopted in Finding of Fact 5. 4. Adopted in Finding of Fact 4. 5. Adopted in Finding of Fact 6. 6. Adopted in Finding of Fact 9. 7. Adopted in Finding of Fact 11 8. Adopted in Finding of Fact 11. 9. Adopted in Finding of Fact 12. 10. Adopted in Finding of Fact 12. 11. Adopted in Finding of Fact 12. 12. Adopted in Finding of Fact 13. 13. Adopted in Finding of Fact 13. 14. Adopted in Finding of Fact 14. 15. Adopted in Finding of Fact 15. 16. Adopted in Finding of Fact 15. 17. Adopted in Finding of Fact 16. 18. Adopted in Finding of Fact 17. 19. Adopted in Finding of Fact 18. 20. Adopted in Finding of Fact 19. 21. Adopted in Finding of Fact 20. Adopted in substance in Finding of Fact 21. Adopted in Finding of Fact 22. Adopted in Finding of Fact 24. Adopted in Finding of Fact 25. Adopted in Finding of Fact 25. Rejected as a recitation of testimony. Adopted in Finding of Fact 26. Adopted in Finding of Fact 27. Adopted in Finding of Fact 28. Adopted in Finding of Fact 29. Adopted in Finding of Fact 30. Adopted in Finding of Fact 31. Adopted in Finding of Fact 32. Adopted in Finding of Fact 33. Rejected as a recitation of testimony. Rejected as a recitation of testimony and/orsubordinate. Rejected as a recitation of testimony and/orsubordinate. COPIES FURNISHED: Johnny Brown, Esquire Suite 301 1450 N.E. Second Avenue Miami, Florida 33132 William DuFresne, Esquire 2929 S.W. Third Avenue Suite One Miami, Florida 33129 Hon. Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399 Sydney McKenzie, Esquire General Counsel Department of Education The Capitol Tallahassee, Florida 32399 Dr. Leonard Britton Superintendent of Dade County Public Schools 1450 N.E. Second Avenue Miami, Florida 33132
The Issue The issues in this case are whether Respondent violated subsections 1012.795(1)(d), 1012.795(1)(g), and 1012.795(1)(j), Florida Statutes1/, and Florida Administrative Code Rules 6B- 1.006(3)(a),(e),(h) and (5)(a), and if so, what discipline should be imposed.
Findings Of Fact Background Respondent holds Florida Educator’s Certificate 940141, covering the area of Middle Grades Integrated Curriculum, which was valid through June 30, 2013. At all times pertinent to the allegations in the Amended Administrative Complaint in this case, Respondent was employed as a Mathematics Teacher at Citrus High School (“CHS”) in the Citrus County School District ("District"). Respondent worked as a teacher at CHS from approximately 2005 until his resignation in 2009. The allegations in the Amended Administrative Complaint revolve around Respondent's relationship with Jillian Messer ("Ms. Messer”), who graduated from CHS in June 2009. Respondent was Ms. Messer’s math teacher in her freshman year, but did not teach her in any subsequent years. Ms. Messer turned 18 years old on April 17, 2009, approximately six weeks prior to her graduation. Beginning in March 2009, Respondent, who has custody of his two young sons, needed an occasional babysitter to accommodate his out-of-town football coaching duties. He sought a recommendation from a co-worker, Shannon Justice ("Ms. Justice"), a guidance clerk at CHS at the time, about a babysitter he might use. Ms. Justice, who used Ms. Messer as a babysitter for her daughter, checked with Ms. Messer to see if she would be amenable to sitting for Respondent’s children from time to time. Ms. Messer informed Ms. Justice that Respondent could contact her to set up sitting arrangements. Between March, 2009 and May, 2009, Ms. Messer babysat Respondent’s two boys on approximately five occasions. Ms. Messer continued to provide babysitting services to Ms. Justice during the spring of 2009 as well. Ms. Messer’s last day of testing as a CHS senior was on Friday, May 29, 2009, and her last day of classes was June 1, 2009. However, notwithstanding the completion of exams and classes, Ms. Messer remained a CHS student until she received her diploma from the District superintendent of schools and was declared a graduate on the evening of June 2, 2009. Genesis of the Complaint Tammy Everhart ("Ms. Everhart") was a guidance office colleague of Ms. Justice’s during the 2008-2009 school year. The two women were cordial in the workplace, but were not close friends. Ms. Justice became wary of Ms. Everhart during the 2008-2009 school year because she often found her too interested in the personal lives of her colleagues. In May, 2009, a week before the CHS graduation ceremony, Ms. Justice allegedly told Ms. Everhart that Respondent and Ms. Messer were “seeing each other” and “dating outside the county.” According to Ms. Everhart, Ms. Justice also told her that the relationship between Respondent and Ms. Messer was "O.K." because Ms. Messer was 18 years old and “she (Ms. Messer) planned on remaining a virgin.” Ms. Everhart asked Ms. Justice to report this information to the school administration. There is no indication that Ms. Justice did so. About two weeks later, Ms. Everhart told her husband about her conversation with Ms. Justice regarding Respondent and Ms. Messer. Ms. Everhart’s husband is a District school administrator and was aware that any inappropriate relationship between a teacher and a student must be reported to a school district administrator. On the following school day, Ms. Everhart reported her concerns to Assistant Principal Linda Connors, who then reported it to the school principal, Leigh Ann Bradshaw. Principal Bradshaw contacted the District office and an investigation was then initiated by the Superintendent. At hearing, Ms. Justice denied having spoken to Ms. Everhart about Respondent’s dating or planning to date Ms. Messer. Ms. Justice and Respondent had spoken at times during the spring of 2009 about his dating relationship with a woman from the Clearwater area, and it is possible Ms. Everhart overheard some parts of those conversations and mistakenly assumed it was Ms. Messer whom Respondent was dating away from Inverness. The District's Investigation At a preliminary interview conducted in the early afternoon of June 17, 2009, Respondent was questioned by the District’s Director of Human Resources, David Roland, and Policy Compliance Officer, Teresa Royal. The interview concerned whether or not Respondent was involved in a romantic relationship with Ms. Messer, and whether he had communicated with others about such a relationship. There was no record of the precise questions asked during the interview, or of Respondent’s precise answers. During this interview, Respondent told the investigators that he had spoken with Ms. Messer five or six times, and that those conversations related to Ms. Messer babysitting his children. During the course of this interview Respondent acknowledged that Ms. Justice had sent him some pictures of her daughter's birthday party, and that Ms. Messer may have been in one of the pictures. He added that the pictures were of kids in the pool and other group pictures. Toward the end of the June 17th interview, Respondent confirmed the existence of e-mails between him and Ms. Justice that included references to the possibility of Respondent developing a dating relationship with Ms. Messer after she graduated. Respondent was not presented or confronted with those e-mails during the June 17th meeting. Although there is some evidence that Respondent did not initially acknowledge the existence of the e-mails when asked about them, it does not appear that he attempted to hide the existence of the e-mails between him and Ms. Justice. During the initial interview of June 17, 2009, and again in written form during a second interview held later that same afternoon, Mr. Roland and/or Ms. Royal cautioned Respondent against communicating with others about the subject matter of the investigation; however, he was not prohibited from speaking with Ms. Messer or Ms. Justice about unrelated matters. The "Notice of Investigation" memorandum Respondent signed during the second interview that afternoon specifically prohibits only discussions “regarding the matter under investigation.” Ms. Royal also interviewed Ms. Messer on June 17, 2009. During that interview Ms. Messer denied that there was an inappropriate relationship with Respondent. The Pool Party and Photograph of Messer On Sunday, May 31, 2009, Ms. Justice invited 45-50 people to her home for a pool party to celebrate her daughter’s birthday. Respondent, his children, several other children, Ms. Messer, and many adult friends and CHS work colleagues attended this afternoon party. Ms. Messer was invited both because Ms. Justice’s daughter adored her babysitter, and to assist Ms. Justice before and after the party. Ms. Messer arrived at, and left, the party alone. Most of the guests wore swimsuits during the pool party and Ms. Justice took pictures of children, including Respondent’s sons, and some of the adult guests, including Ms. Messer, who was wearing a bikini. On June 2, 2009, Ms. Justice forwarded several party pictures, mostly of his sons, to Respondent’s school e-mail address as attachments to an e-mail with the subject line “Pictures from Party.” One of these photographs was of Ms. Messer in the bikini she wore during the pool party. Although Ms. Messer is clad in a bikini, the photograph itself is unremarkable, and portrays a young female appropriately attired for a pool party. Other children are visible in the background of the photo. The E-Mails between Respondent and Justice Between June 1, 2009, and June 5, 2009, Respondent and Ms. Justice exchanged a series of e-mails that included subject matter related to the possibility that he and Ms. Messer might consider starting a dating relationship in the future. In an e- mail dated June 2, 2009, Ms. Justice specifically noted that Respondent and Ms. Messer had not yet had enough time to spend together to have discussed the possibility of future dating: Sent= Tues. 6/2/09 @ 1:00pm To: Randall Worley From: Shannon Justice Ok. I am back you sound so negative about yourself. I know that we are always so hard on ourselves but you are not destined for singlehood you will find someone someday and don't think JM is out of the question you haven't ever had enough time to be with her or even discuss dating. Two days later, on June 4, 2009, a series of e-mails between Respondent and Ms. Justice indicate that Respondent and Ms. Messer had recently discussed the possibility of a future dating relationship. This is the first time Respondent mentioned to Ms. Justice having spoken to Ms. Messer at all about dating, and the first time Respondent and Ms. Messer discussed the possibility of dating in the future. The full text of those June 4, 2009, e-mails follows: Sent = Thurs. 6/4/09 @ 8:44 am To = Shannon Justice From = Randall Worley So yeah I have been talking to JM lately. She is not sure what parents would say. * * * Sent = Thurs. 6/4/09 @ 8:48 am To = Randall Worley From = Shannon Justice Have you been texting or talking. So she is definitely interested??? I don’t think her parents would actually mind I think maybe you all should date a while then find out where that leads before talking about parents. That is just from experience. We dated almost 4 months before my parents ever knew. Then they never met Kevin’s parents till our rehearsal dinner. * * * Sent = Thurs. 6/4/09 @ 8:55 am To = Shannon Justice From = Randall Worley As far as she goes, yes she is interested. But I don’t think she wants to not tell them. It would be hard for us to date without them knowing wouldn’t it? And funny story, I apparently had her mom in my car graduation night and didn’t know it. Well yesterday her mom was talking to the family about how this nice sweet guy was her driver and that I was pretty cute. So she was like that’s coach Worley. That’s funny. And we have been doing both texting and talking. * * * Sent = Thurs. 6/4/09 @ 9:26 am To = Randall Worley From = Shannon Justice As far as JM my opinion is go for it. You guys have similar thing in common and plenty to talk about with regards to her parents you can play it off. It isn’t that hard you guys can really do it if you want. That is funny about her mom thinking you were cute buy (but?) cuteness only goes so far right??? * * * Sent = Thurs. 6/4/09 @ 9:32 am To = Shannon Justice From = Randall Worley Ain’t that the truth. And yes we never have enough to talk about. We are always talking and laughing and all that. We have fun together. I talked to my mom and uncle about it last night. They were totally cool with it too. I think JM just need some reassurance about it. That where maybe you come into play right. * * * Sent = Thurs. 6/4/09 @ 9:43 am To = Randall Worley From = Shannon Justice Of course I have always talked good about you to her. I will keep it up. I think she may babysit sometime next week she is suppose to call me tonight about watching sissy next week. I will help the most I can so do you still have her on your mind all the time? * * * Sent = Thurs. 6/4/09 @ 9:46 am To = Shannon Justice From = Randall Worley As a matter of fact I do. It is crazy. It has been 2 years since I have been with anyone and even the few girls that I have dated I didn’t think about like this. I don’t know if this is good or not?? * * * Sent = Thurs. 6/4/09 @ 10:44 am To = Randall Worley From = Shannon Justice Well maybe she is special to you and you may have feelings for her that you didn’t know you did. It may be a really great thing for the both of you. * * * Sent = Thurs. 6/4/09 @ 10:51 am To = Shannon Justice From = Randall Worley Seriously. I can’t get her out of my head. I don’t think that I have really felt like this in a very very very very long time. It is scary because of the feeling itself but also because of the circumstance. I don’t really know if I should feel this way? * * * Sent = Thurs. 6/4/09 @ 11:49 am To = Randall Worley From = Shannon Justice You are crazy for her. That is good. * * * Sent = Thurs. 6/4/09 @ 2:26 pm To = Shannon Justice From = Randall Worley No kidding. This is soooooooo not good. I don’t like this feeling at all. * * * Sent = Thurs. 6/4/09 @ 2:29 pm To = Randall Worley From = Shannon Justice Have you talked to her today? * * * Sent = Thurs. 6/4/09 @ 2:43 pm To = Shannon Justice From = Randall Worley Yes I have. We should probably talk when you get a chance. So call me sometime.When you leaving work? Telephone Records of Calls between Respondent and Messer Telephone records received in evidence (over the hearsay objection of Respondent)2/ indicate that there were 89 telephonic communications between Respondent and Ms. Messer between March 3, 2009 and June 18, 2009. The records also reflect that phone conversations did take place between Respondent and Ms. Messer on June 17, 2009. However, there is no evidence as to the subject matter of those communications, nor credible evidence that they spoke about anything related to the investigation. Another interview with Respondent was conducted by Ms. Royal on July 8, 2009. At that time Respondent again acknowledged having received the e-mailed photograph of Ms. Messer in a bikini. Publicity Regarding the Investigation The only area newspaper article written about the allegations against Respondent appeared on August 19, 2009, in the Citrus County Chronicle. The impetus for the article appears to be the filing of the formal complaint against Respondent, and his subsequent resignation. The article did not name Ms. Messer as an involved party, but included her anonymous statement to the effect that nothing unprofessional happened between her and Respondent, and quoted District officials to the effect that there was no evidence of sexual harassment or of Respondent expressing his feelings to the student. At hearing, Superintendent Himmel testified about the generic impact of negative teacher articles upon some in the community. On cross- examination, Ms. Himmel did not rule out re-hiring Respondent as a teacher if he is cleared of wrongdoing in this matter. Lack of Direct Evidence of a Relationship During the District’s interviews with him, to the extent Respondent’s recollection of the number, duration, and subject matter of every phone conversation he had with Ms. Messer between March and June 2009, was limited or inaccurate, such limitations reasonably appear to be the result of the passage of time, and not purposeful deception. There is no evidence that Respondent and Ms. Messer ever discussed dating, or any inappropriate subject, during any telephone, text, or in-person communications between them while she was a student. Although Respondent and Ms. Messer spoke on the phone from time to time about babysitting concerns and logistics, and apparently on other occasions about Ms. Messer’s college aspirations, scholarship opportunities, college selection, and related matters, there is no direct evidence of what they specifically spoke about. At hearing, no witness testified to having personal knowledge of such conversations, and both Respondent and Ms. Messer denied to District officials that they ever engaged in any discussions about dating or about any inappropriate matters prior to her June 2, 2009, graduation date. Although Ms. Messer and Respondent occasionally saw each other outside the school setting through babysitting- related interactions, the record lacks any credible evidence that they ever dated or engaged in any inappropriate physical contact. Further, Respondent, Ms. Messer, and Shannon Justice, all have specifically and consistently denied that there was any physical, romantic, dating, or sexual relationship between Respondent and Ms. Messer at any time. Although the telephone records introduced by Petitioner establish that Respondent and Ms. Messer spoke frequently, there is insufficient competent substantial evidence to establish that the subject matter of the conversations was inappropriate, or that the two were involved in a prohibited teacher/student relationship prior to Ms. Messer's graduation on June 2, 2009.3/ By letter dated July 28, 2009, Respondent was informed of his suspension from employment with the District, and that his termination would be recommended to the school board. Respondent resigned his teaching position with the District effective August 11, 2009.
The Issue Whether Respondent committed the acts alleged in the Notice of Specific Charges filed September 28, 2010, and, if so, the discipline, if any, that should be imposed against Respondent's employment.
Findings Of Fact At all times material hereto, Petitioner was the constitutional entity authorized to operate, control, and supervise the public schools in Miami-Dade County, Florida. At all times relevant to this proceeding, Respondent has been on a professional service contract that is subject to a collective bargaining agreement between Miami-Dade County Public Schools and the United Teachers of Dade (hereinafter "the UTD Contract"), applicable Florida Statutes, applicable rules adopted by the Florida State Board of Education as set forth in the Florida Administrative Code, and Petitioner's adopted policies and procedures. Article XXI, Section 1.B(1)(a) of the UTD Contract provides that "Any member of the instructional staff may be suspended or dismissed at any time during the school year, provided that the charges against him/her are based upon Florida Statutes." The School Board has adopted Rule 6Gx13-4A-1.21, Responsibilities and Duties, which provides in pertinent that: All persons employed by The School Board of Miami-Dade County, Florida are representatives of the Miami-Dade County Public Schools. As such, they are expected to conduct themselves, both in their employment and in the community, in a manner that will reflect credit upon themselves and the school system. Unseemly conduct or the use of abusive and/or profane language in the workplace is expressly prohibited. School Board Rule 6Gx13-4A-1.213, Code of Ethics, requires employees of Petitioner to abide by state regulations. The Principles of Professional Conduct for the Education Profession in Florida are set forth in Florida Administrative Code Rule 6B-1.006. Subsections (3)(a) and (e) thereof provide as follows: Obligation to the student requires that the individual: Shall make reasonable effort to protect the student from conditions harmful to learning and/or to the student's physical health and/or safety. * * * (e) Shall not intentionally expose a student to unnecessary embarrassment or disparagement. Petitioner has employed Respondent as a full-time P.E. teacher at South Miami Heights since the 2006-07 school year. South Miami Heights is a public school located in Miami-Dade County, Florida. Respondent has not been the subject of any disciplinary actions by Petitioner other than the incident that is the subject of this matter. Respondent's practice throughout her tenure at South Miami Heights was to require students arriving at P.E. to line up, stop talking, and generally exhibit good behavior prior to starting class. On those occasions when students were not well- behaved, Respondent required the students to walk in an orderly fashion until they calmed down and showed they were ready for class. On hot days, she would required them to walk around the inside corridors of the school, while on cooler days the students would walk outside. In prior years, with a different principal, Respondent would have the students walk in front of the principal's office, who would then go out and call the students to attention to get them to calm down. During the 2009-10 school year Respondent taught P.E. at South Miami Heights to second, third, fourth, and fifth-grade students between the hours of 8:30 a.m. and 3:00 p.m. Her last P.E. class started at 2:00 p.m. and ended at 3:00 p.m. Students in her last class typically brought their book bags with them. On April 15, 2010, at approximately 2:00 p.m., third- grade students from Ms. Fuentes-Garcia's class walked from her class to Respondent's class. There were approximately 25 students in the class. Each student had a book bag. When Respondent took responsibility for the class, many students were talking or otherwise misbehaving. Respondent directed all students in the class to make laps around an outdoor basketball court by walking the white lines that define the outer boundaries of the basketball court. The temperature on April 15, 2010, was 81 degrees. The students were exposed to the sun while they were walking. Respondent required the students to carry or wear their backpacks while walking around the outdoor basketball court.1 According to Respondent, the students were required to walk around the basketball court until they calmed down. She had no idea how long the students would have to walk until they calmed down when she first directed them to start walking. All students in the class were required to walk without stopping for 32 minutes. A student who tried to put her book bag on the ground was told by Respondent to pick it up and keep walking. At the end of the 32-minute period, Respondent escorted the class back to the vicinity of Ms. Fuentes-Garcia's classroom and had the students walk in an orderly fashion to the playground, where they played games until approximately 2:54 p.m. There was a water fountain on playground, but it was not functioning on April 15, 2010. Water was available in a building adjacent to the playground. The students were not permitted to drink water between 2:00 p.m. and 2:54 p.m. At approximately 2:54 p.m. the students left the playground and entered the adjacent building to drink water. A video of the students walking the white lines of the basketball court was captured by the school's security cameras. In one portion of the video, a child can be seen dragging a backpack on the ground. It cannot be determined from the video whether the backpack had wheels. In another portion of the video, Respondent can be seen monitoring the students while standing in the shade of a tree. On April 16, 2010, Ms. Hernandez, the school principal, received complaints from four or five parents of students in the class. M.V., the mother of one of the students in the class, confronted Respondent about the incident on April 16, 2010. This parent testified, credibly, that Respondent told her that she had the class walk the white lines of the basketball court to calm them down and as punishment for being hyper. Following the complaints, the matter was referred to Petitioner's Civil Investigation Unit (CIU) where it was assigned to CIU investigator Terri Chester. Ms. Chester prepared a report after she concluded her investigation. Ms. Duboulay reviewed the report with Respondent in a Conference for the Record on June 8, 2010, and provided Respondent an opportunity to respond to Ms. Chester's report.2 Thereafter a Disciplinary Review Team convened and reviewed the case and concluded that probable cause existed that Respondent had committed the violations subsequently alleged in the Notice of Specific Charges dated September 23, 2010. The Disciplinary Review Team recommended that Respondent be suspended without pay for 30 days based on the totality of the circumstances of the case and the exposure of the students to harm. The manner in which Respondent disciplined her class on April 15, 2010, did not reflect credit on herself or on Petitioner. The manner in which Respondent disciplined her class on April 15, 2010, was inconsistent with her duty to "make reasonable effort to protect the student from conditions harmful to learning and/or to the student's physical health and/or safety."3 There was insufficient evidence to establish that Respondent "intentionally expose[d] a student to unnecessary embarrassment or disparagement." Petitioner followed all relevant procedures in prosecuting this disciplinary proceeding.
Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that the School Board of Miami-Dade County, Florida enter a final order adopting the Findings of Fact and Conclusions of Law contained in this Recommended Order. It is further RECOMMENDED that the final order sustain the suspension of Respondent's employment without pay for a period of 30 workdays. DONE AND ENTERED this 14th day of March, 2011, in Tallahassee, Leon County, Florida. S CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of March, 2011.
Findings Of Fact At all times relevant hereto, respondent, Carlos C. Garay was a student in the school system of petitioner, School Board of Dade County. Most recently, he was a seventh grader at South Miami Junior High School until he withdrew from school on January 5, 1987. Petitioner proposes to reassign Carlos from the regular school program to J.R.E. Lee School. The basis for reassignment is Carlos' "disruptive behavior and failure to adjust to the regular school." This action was formalized in a letter dated December 17, 1986, a copy of which was forwarded to Carlos' mother. The reassignment prompted a request for a due process hearing. Carlos has been a student in the Dade County public school system since at least academic year 1984-85. That year he attended West Miami Junior High School (WJHS), and received final grades of F in all six subjects. His effort was generally rated insufficient, and his conduct was unsatisfactory in most classes for all grading periods. As a result of having a knife in his possession on or about June 7, 1985, Carlos was expelled from WJHS for the first semester of school year 1985- 86, and reassigned to another school for second semester. On February 3, 1986, he enrolled at South Miami Junior High School (SMJHS). At SMJHS, Carlos exhibited a continuing pattern of disruptive and rebellious behavior. This is documented in numerous case management referral forms received in evidence as petitioner's exhibits 2, 3 and 6. These forms are prepared whenever a student is referred by a teacher to the principal's office for disciplinary action. Carlos' conduct included incidents of disruptive behavior in class, hitting other students and refusing to obey his teachers. This conduct not only prevented Carlos from learning in the classroom, but also interfered with the educational process of other students. As a result of the above referrals, school officials held a number of conferences with Carlos' parents in an effort to improve his behavior. In addition, Carlos was given frequent counseling, and was referred to a child team study. None of these measures produced any positive change in his behavior. During 1986 Carlos did not demonstrate satisfactory academic progress. Indeed, he received more F's than any other grade. He also had numerous absences from class, and his effort in class was generally rated unsatisfactory. Because of his disruptive behavior and lack of academic progress, a reassignment of Carlos to an alternative school is justified.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Carlos C. Garay be reassigned to J.R.E. Lee School. DONE AND ORDERED this 23rd day of September, 1987, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Frank R. Harder, Esquire 175 Fontainebleau Boulevard Suite 2A-3 Miami, Florida 33172 Ms. Carmelino Garay 6707 Southwest 215th Terrace Miami, Florida 33155 Dr. Leonard Britton Superintendent Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 DONALD R. ALEXANDER 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 23rd day of September, 1987.
The Issue Should Petitioner impose discipline on Respondent's Florida Educator's Certificate No. 782510, based upon the allegations in the Amended Administrative Complaint, Case No. 012-0456-m, before the Department of Education, Education Practices Commission?
Findings Of Fact Based on the testimony and demeanor of the witnesses, and the documentary evidence presented, the following findings of fact are made: Respondent was a mathematics teacher at Boone High School in Orlando, Florida, during the 2000-2001 and 2001-2002 school years. He also was an athletic coach at Boone, Dr. Phillips and Apopka High Schools during this same period. He held Florida Educators Certificate No. 782510. A.S. was a student at Boone High School; 2000-2001 was her junior year, and 2001-2002 was her senior year. She was a member of the Boone High School varsity cheerleading squad during both school years. While Respondent was not A.S.'s classroom teacher, he held positions of responsibility which could occasion his contact with any student at Boone High School, including A.S. For example, he participated in a Florida Comprehensive Assessment Test (FCAT) prep program, was a faculty member of the "SAFE Team," and assisted in the anger management program and the American Lung Association student non-smoking program. "Program Excellence" was a program held after school in which Respondent volunteered to help students prepare for the FCAT. The SAFE Team is comprised of faculty members who are available to counsel students with personal problems; these faculty members are encouraged to conduct open discussions with students. Students are encouraged to discuss their personal problems with the SAFE Team members whose names appear on a published list of SAFE Team members posted in classrooms. The Boone High School principal, Hugh Hattabaugh, testified that it would not be atypical for a SAFE Team member to interrupt a class to talk to a student. In addition to his classroom teaching responsibilities, Respondent, as did a significant number of other teachers, had "hall duty" where the teachers would post themselves in the school passageways to monitor students who were passing to and from classes. Respondent also provided assistance to students who were having difficulty with mathematics. Some of these students were not his classroom students. In addition, Respondent assisted students, particularly athletes, who were attempting to obtain college athletic scholarships by contacting college coaches and athletic departments on behalf of the student athletes. A parent of a Boone High School student who received a college scholarship as a result of Respondent's efforts testified and confirmed that he was aware that Respondent similarly helped other students obtain scholarships. Petitioner's Amended Administrative Complaint contains material allegations that Respondent engaged in "inappropriate conduct with students." These instances of inappropriate conduct are discussed below. Respondent invited A.S. to dinner. A.S. testified that Respondent invited her to dinner; she does not recall when or for what reason. Respondent acknowledged that he did invite graduating seniors to dinner after graduation. One witness, a faculty member, testified that A.S. had advised her that Respondent invited her to dinner after graduation. Respondent testified that while at Dr. Phillips High School, he became aware that teachers invited graduating seniors, typically in groups, out to dinner. He anticipated starting such a "tradition" at Boone High School. This is not inappropriate conduct. Respondent repeatedly pulled A.S. from class to discuss non-academic matters. A.S.'s testimony, which is unclear, at best, recalls at least three occasions during her junior year and one, possibly more occasions, during her senior year when Respondent came to a class and asked the teacher to speak to A.S. These conversations were all very brief and occurred immediately outside the classrooms. Most discussions involved cheerleading; on one occasion, A.S. reports that Respondent commented that her boyfriend, who was a freshman in college, would not be faithful to her or words to that effect. The Boone High School principal testified that it would not be atypical for a SAFE Team faculty member to pull a student from class. In addition, because Respondent was coaching at another high school, which required him to leave the Boone High School campus immediately at the end of the final school period, he found it necessary to communicate with students who were not in his classes by visiting with them while they were in class. Respondent testified that on one occasion, during A.S.'s senior year, he sought A.S. out to speak to her during class because her cheerleading coach had told him that A.S. was having difficulty. These contacts were not inappropriate. Respondent made inappropriate comments about A.S.'s physical attributes. In her deposition, A.S. stated Respondent commented that he "liked the way that my chest looked in the shirt that I wore." In a December 31, 2001, written statement A.S. reported that Respondent said "I like that shirt on you, it makes your boobs look nice." She maintains that he made other comments about her appearance, but she can remember nothing specific. Respondent denies making any comment about A.S.'s breast size. There are no other witnesses to this accusation. The evidence does not establish clearly and convincingly that Respondent made the alleged comments. Respondent called A.S. on her cell phone. A.S. reports that Respondent called her two times on her cell phone. The occasion she remembers clearly occurred during the summer between her junior and senior years while she was attending cheerleading camp at the University of Central Florida. He called seeking the phone number of another student that he was attempting to assist in obtaining a baseball scholarship. Respondent needed to contact this student athlete immediately. This information (student athlete's phone number) was provided by another cheerleader who participated in the phone conversation. Although A.S. does not recall the topic of the second conversation, Respondent acknowledges the conversation and advises that the subject was A.S.'s interest in seeking enrollment at the University of Kentucky with which Respondent had indicated he would assist. He had a brief conversation with A.S. to advise that he had been playing "telephone tag" with the University of Kentucky cheerleading coach. A.S. does not know how Respondent got her cell phone number; Respondent testified that it was given to him by A.S. so that he could contact her regarding his efforts assisting in her enrollment at the University of Kentucky. Respondent testified that the only subjects of his phone conversations with A.S. were school- related. These telephone contacts were not inappropriate. Respondent made inappropriate comments regarding A.S.'s personal life. It is alleged that Respondent said that A.S.'s boyfriend was going to cheat on her while he was away in college. A witness confirmed that Respondent told A.S. to be careful regarding her boyfriend, who was away at college, because he didn't want her to get hurt. Respondent testified that the only discussion he had with A.S. regarding her boyfriend was initiated by A.S. and is the same discussion referred to and in the presence of the above-referenced witness. Respondent testified that he advised her to worry about her grades, not her boyfriend, or words to that effect. The witness supports Respondent's recollection of the circumstances and specifics of the comments regarding A.S.'s boyfriend. Respondent sought A.S. out between classes. The evidence reflects that Respondent had hall duty, as did other teachers, which would occasion his presence in the school passageways. A.S. vaguely testified that on several occasions Respondent and A.S. would have brief contact while she was going from class to class. Respondent kissed A.S. on the head. On one deposition, A.S. reported this activity; it was not reported on a second deposition or on two written statements. Respondent denies this accusation. There are no other witnesses to this accusation. The evidence is insufficient to demonstrate clearly and convincingly that this incident actually occurred. Respondent pulled A.S.'s cumulative folder without authorization and shared its contents with another student. While there is a great deal of discussion regarding what is "authorized access to student records" and the procedure for obtaining same, the testimony from the various teacher/witnesses suggests that these rules, if there were any, were not followed. It appears that Respondent accessed the cumulative folders for A.S. and her friend, H.P. The testimony indicates that his interest in both folders was incidental to recommendations he was preparing to make for both students to colleges. In addition, H.P. wanted to take two math courses during her senior year and had asked Respondent if it was advisable; he was checking her math background in her folder. On one occasion, while both A.S. and H.P. were in his classroom the cumulative folders for both students were on his desk; Respondent apparently referred to A.S. by a nickname he learned from the folder and showed both A.S. and her friend, H.P., a photograph in the folder that was taken of A.S. when she was younger. There is no evidence that any other contents were disclosed to any third party. Respondent should not have revealed private information from A.S.'s cumulative folder, although his reasons for accessing the two cumulative folders in question are meritorious. Although A.S. testified that she did not recall seeking Respondent's assistance with mathematics, an academic area in which she had great difficulty, a fellow student testified that he repeatedly saw her, among other students, in Respondent's sixth period class receiving assistance with mathematics. Respondent testified that he regularly assisted A.S. with mathematics as many as two or three times a week from February through May of the 2001-2002 school year. Respondent even obtained an Algebra II book from A.S.'s teacher in an effort to assist her. The following is uncontraverted: A.S. volitionally visited Respondent's classroom on numerous occasions during her junior year; she suggested, if not requested, that she be made his classroom assistant for her senior year (this apparently occurred after the reported discussion of her breasts); whether she requested his assistance or not, she readily consented to his proffered assistance in her efforts to be accepted at the University of Kentucky; she requested and received Respondent's recommendation for participation in the Boone High School cheerleading squad; and there was no attempted physical contact by Respondent with A.S. before or after school or off campus. A.S. has remarkably poor recollection of events significant to her allegations. Critical testimony given by A.S. is inconsistent and contradicted by independent witnesses. The cumulative effect diminishes A.S.'s credibility. The Boone High School principal testified that Respondent's effectiveness at Boone High School was reduced. He equivocated when asked if the reduced effectiveness extended throughout the county. Respondent's teaching assessments, the testimony of the only parent presented, and several of Respondent's teaching contemporaries suggest that Respondent was an exceptional teacher and motivator who had a genuine interest in teaching and students.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Jim Horne, as Commissioner of Education, dismiss the Amended Administrative Complaint filed against Respondent, Christopher Ebrahimoff. DONE AND ENTERED this 27th day of July, 2004, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 27th day of July, 2004. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400 Aaron W. Proulx, Esquire Broad and Cassel 100 North Tampa Street, Suite 3500 Post Office Box 3310 Tampa, Florida 33601-3310 Joseph Egan, Jr., Esquire Egan, Lev & Siwica, P.A. Post Office Box 2231 Orlando, Florida 32802-2231 Marian 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 1244 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The issued posed herein is whether or not the Respondent School Board of Dade County's reassignment of Petitioner/student, Valerie Patrice McDonald, from Miami Springs Junior High School to the Jan Mann Opportunity School North, should be upheld.
Findings Of Fact Valerie Patrice McDonald, Petitioner, is a student enrolled in the Dade County Public School System. Petitioner was enrolled in Miami springs Junior High School in August of 1978. Petitioner's guidance records indicates no serious behavioral problems and that her attendance at school is excellent. Her academic progress has been a steady B and C average since enrolling in the public school system. Petitioner was referred to the guidance office of Miami Springs Junior High School on numerous occasions during the 1978-1979 school year for various disciplinary problems. For example, on September 25, 1978, Petitioner was referred by her mathematics teacher for playing and not working in class. For this referral, she was counseled. Again, on October 25, 1978, she was referred by the social studies teacher for "being involved in a classroom disturbance with another student wherein pencils were broken, books were thrown out the window and the students began kicking each other. A parent conference was requested." On November 3, 1978, Petitioner was referred by the physical education teacher for "striking another student in the locker room for no apparent reason. Petitioner counseled and warned by principal." Again, on November 16, 1978, Petitioner was counseled for being loud and for refusing to remain quiet when requested. Petitioner was placed outside the classroom door by her English teacher. This pattern of disruptive behavior continued through March of 1979 when Petitioner was involved in a fire incident in the girl's physical education locker room. Based on this incident and the culmination of the prior behavioral problems, an administrative placement was requested by the school board for Petitioner to be assigned to the Opportunity School, which request was approved on April 3, 1979. Since that time, Petitioner has been attending the Jan Mann Opportunity School. Charles W. Bales, principal of Miami Springs Junior High School, testified that the assignment of Petitioner to the Opportunity School is beneficial inasmuch as it permits the student to utilize the benefits of smaller class settings, better individualized instruction; smaller class enrollments; better counselor to pupil ratio and basic educational program which enables a "disruptive" student to succeed in an individualized instructional setting. (TR 18-20) Testimony also reveals that the Opportunity School has a full-time visiting teacher who serves as the contact person for resolving any individual problems such as attendance or other behavioral problems for students at the Opportunity School. Ms. Helen Wilson, Petitioner's mother, requested that Principal Bales reassign Petitioner from three of her teachers due to matters which Ms. Wilson considered to be personal in nature. Principal Bales explained that there were approximately 1500 students at the school and that it was impossible for him to reassign students when personal differences of opinions exist between their teachers. Additionally, Principal Bales testified that students reassigned to the Opportunity School may request a transfer back to the regular school program following the close of the grading periods. Inasmuch as Petitioner has been attending the Jan Mann Opportunity School since March, 1979, it appears that she will be eligible for a reassignment to the regular school program provided that her grades, attendance, and behavioral pattern is such that she can function normally in the regular school program.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Petitioner's petition filed herein be dismissed. Additionally, it is requested that the Respondent give full consideration to Petitioner's request that she be reassigned to the regular school program when such a request is properly filed with the school board. RECOMMENDED this 27th day of August, 1979, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1979. COPIES FURNISHED: Ms. Helen Wilson 3311 North West 52 Street Miami, Florida 33142 Michael J. Neimand, Esquire Dade County School Board Lindsey Hopkins Building Miami, Florida 33132
The Issue The issue in this case is whether the Manatee County School Board (Petitioner) has just cause to terminate the employment of Charles Willis (Respondent).
Findings Of Fact At all times material to this case, the Respondent was a drama teacher employed by the Petitioner to work at BRHS pursuant to a professional services contract. During 2010, the Respondent had an account on Facebook, a social networking internet website. Facebook allows an individual user to create and maintain a personal "page" including text and photographs, which can be viewed by other users. Users can also provide links to content posted elsewhere on the internet, and viewers can access the linked information. Facebook allows users to establish privacy settings that restrict access to various types of content. Such privacy options include the identification of other Facebook users as "friends." Privacy settings can be established that prevent users from posting comments to content posted by a user, or from viewing comments posted by other users. Social networking websites are used by some teachers to communicate classroom assignments or other educational information to students. Social networking websites are widely used by students and, at least based on the testimony presented at the hearing, by parents and other adults as well. Prior to the allegations underlying this dispute, the Respondent's privacy settings permitted his Facebook "friends" to view all content posted by the Respondent. The Respondent had in excess of 100 BRHS students identified as friends on his Facebook account. At all times material to this case, the Petitioner had no policy, written or otherwise, that restricted an employee from having an account on a social networking website, or regulated the use of any social networking website by an employee. At various times during 2010, the Respondent posted remarks on his Facebook page that included certain acronyms. Such acronyms, and their commonly understood meaning, included the following: WTF (What the Fuck) OMFG (Oh My Fucking God) F'n (Fucking) LMAO (Laughing My Ass Off) ROTFLMFAO (Rolling On The Floor Laughing My Fucking Ass Off) At the hearing, the Respondent asserted that he intended the "F" in the above acronyms to be understood as "fricking." There was no credible evidence that any student or parent who read the Respondent's Facebook remarks understood the "F" to mean anything other than "fucking." On his Facebook page dated July 31, 2010, the Respondent posted a remark that stated "[I]t's not who you know, it's who you blow," in an apparently derogatory reference to the judging of a student competition. On his Facebook page dated March 30, 2010, the Respondent posted a photograph of a bumper sticker that read "[F]uck the man, become the man" that was taken by a student on a trip to New York. The Respondent explained his posting of the photo by claiming that the people on the trip had agreed that all photos taken on the trip would be posted without censorship and that he had posted several hundred trip photos onto Facebook. On his Facebook page dated August 7, 2010, the Respondent posted a photograph (titled "Accidental Porn") that he obtained from another Facebook user's page. The photograph displayed a television weatherman standing in front of a map showing an elongated weather system. Based on the location of the weatherman and the weather system, the image was perceived by some viewers as depicting the broadcaster holding his penis in a sexually-suggestive position. Comments on the Respondent's Facebook page made it apparent that his viewers were aware of the perception. On his Facebook page dated August 20, 2010, the Respondent posted a link to content titled "[I]t's a great day to whoop somebody's ass." On his Facebook page dated June 26, 2010, the Respondent, apparently intoxicated, posted remarks indicating that he'd consumed excessive alcohol one evening and then posted remarks on the next day indicating that he had a headache related to the consumption. Although the Respondent asserted that some of the posts referenced herein occurred during summer months when he was not "on contract" as a teacher, his students, past and future, were able to freely access the Respondent's Facebook pages during the summer. The Respondent also had an account on Formspring, another social networking internet website. Formspring presents user content in a "questions and answer" format. In an undated post to the Respondent's Formspring page, a student commented "[T]hanks for letting me skip your class today." The Respondent wrote in response, "[Y]ou're welcome, but now you owe me....LOL....just do an amazing job at the encore show." The Respondent acknowledged that he allowed the student to miss his class in order to attend a rehearsal. While the Respondent may have failed to comply with school attendance policy by permitting the student to miss class, the Petitioner's assertion that the posting created the impression of an inappropriate arrangement between a teacher and a student was not supported by credible evidence. In another undated post to the Respondent's Formspring page, an unidentified Formspring user asked "what happened with the whole UP dvd thing," apparently in reference to an incident wherein the Respondent played a movie in class. The Respondent replied, "I got areprimand [sic] for showing an unauthorized video and not following the counties [sic] video policy." The Petitioner's assertion that the Respondent's response was an inappropriate discussion of an employer/employee disciplinary matter with a student was not supported by credible evidence. The reprimand was public record. The identity of the person posting the question was unknown. Upon the initiation of this disciplinary action, the Respondent altered his privacy settings on the social networking sites to limit access of personal content to adults. There was no evidence that social networking internet websites cannot be used for appropriate educational purposes. On more than a few occasions, the Respondent was known in the classroom to use "spoonerisms" in speech, wherein letters in various words were deliberately switched to alter a verbalization of a phrase. While in class and in the presence of students, the Respondent used phrases such as "nucking futs" or "doggammit." The school received a complaint about the practice. On one occasion in the classroom, the Respondent referred to his former wife as a "bitch." On at least one occasion, the Respondent used a hand gesture in the presence of students to signify the word "bullshit." On April 30, 2010, the BRHS principal directed the Respondent to refrain from making such statements and gestures. There was no credible evidence that the Respondent continued to engage in such verbal or physical communication after the April 30, 2010, directive. At the start of the 2009-2010 school year, the Respondent approached the BRHS principal to inquire about organizing a theatre trip to New York for some of his drama students. The principal declined to authorize the travel as a school-sponsored event. The Respondent thereafter organized the trip on a private basis. Eight students expressed interest in going on the trip, and the trip ultimately occurred with a number of parents traveling as chaperones. At times, the Respondent discussed the proposed trip in his classes. The announcement of an organizational meeting occurred during class. The meeting was conducted on the school grounds at a time and place where play rehearsals were occurring, which had been previously arranged by the Respondent. There was no evidence that the Respondent mislead any participant to incorrectly presume that the trip was sponsored by the school. The participants in the trip were aware that the travel was not a school-sponsored event. There was no credible evidence that any participant or parent believed that the trip was a school-sanctioned event. The Respondent failed to comply with the school procedure for private use of the facility, which requires application and approval by school administration. Although execution of a facility lease may be required for larger groups, there was no evidence that such a lease would have been required for this meeting. There was no evidence that there was any adverse consequence to the Respondent's failure to seek permission to hold the organizational meeting in the previously-approved play rehearsal space. The time and location of the organizational meeting was not unreasonable, given the nature of the trip and the expected participants. Teachers who need to leave BRHS grounds during the workday are directed to obtain permission from a school administrator and then document the early departure in a log book maintained in the school office. The school administrators are the principal and the assistant principals, who are identified as such during formal meetings at the beginning of the school year. On September 2, 2010, the Respondent needed to go home on his lunch break and switch cars with his wife. The Respondent testified that he could not locate an administrator and that he thereafter went to the office of Bob McCabe, the BHRS "administrative parent liaison" and advised Mr. McCabe that the Respondent was leaving campus early. Mr. McCabe is not a school administrator and has no authority to approve a request to leave school grounds. Mr. McCabe works with parents and on student disciplinary matters. Mr. McCabe told the Respondent that he would tell the administrators, and the Respondent left the school. Mr. McCabe testified that shortly after the Respondent left, an assistant principal inquired as to whether the Respondent had left the grounds. Mr. McCabe also testified that the assistant principal had told him that she was present in her office at the time the Respondent claimed to be unable to find her, but the hearsay testimony was not otherwise corroborated. The evidence establishes that, had the Respondent requested to leave campus, the request would have most likely been granted, as such authorization, absent use of leave, was routinely granted by school administrators. There was no credible evidence that other teachers who have left school grounds without prior administrative approval have been subjected to discipline for the infraction. The Petitioner presented the expert testimony of Terry Osborn, dean of the University of South Florida College of Education, Sarasota-Manatee campus, who opined that some of the Respondent's social networking interactions could have had negative effects on the learning environment, could cause anxiety for some students, and potentially result in a loss of credibility by the educator. Mr. Osborne essentially based his opinion on very limited literature. There was no credible evidence that any of the adverse impacts identified by the witness has occurred.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Manatee County School Board enter a final order, dismissing the Administrative Complaint filed against Charles E. Willis. DONE AND ENTERED this 31st day of March, 2011, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 2011. COPIES FURNISHED: Scott A. Martin, Esquire Manatee County School Board 215 Manatee Avenue West, Second Floor Bradenton, Florida 34205 Melissa C. Mihok, Esquire Kelly & McKee, P.A. 1718 East Seventh Avenue, Suite 301 Post Office Box 75638 Tampa, Florida 33675-0638 Lois Tepper, Acting General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Dr. Eric J. Smith, Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Tim McGonegal, Superintendent Manatee County School Board 215 Manatee Avenue, West Bradenton, Florida 34206-9069
The Issue The issue presented is whether Respondent is guilty of the allegations contained within the Amended Notice of Specific Charges, and, if so, what disciplinary action should be taken against him, if any.
Findings Of Fact The School Board finds that the contents of the student's notebook constituted "abnormal" activity within the parameters outlined in Respondent's training sessions and therefore, the Respondent should have reported the discovery of the notebook to an administrator. (T-37, 38, 39, 42, 43). The School Board finds that Respondent had an affirmative duty to report his contact with the student and that Respondent was aware of this duty via training sessions that he attended. (T-43, 45). The School Board finds that Respondent's actions in telephoning the student constituted poor judgement. (T-34, 38, 39, 40). The School Board finds that the Respondent's act of showing the notebook to his fellow security monitors constituted poor judgement which did not reflect credit upon himself. MODIFICATIONS TO HEARING OFFICER'S CONCLUSIONS OF LAW The Hearing Officer, in her Conclusions of Law, paragraph 13, found that Respondent had no duty to report his contact with the student to his immediate supervisor. Based upon a review of the entire proceedings, the Board concludes that the Hearing Officer was in error regarding Respondent's duty to report. The Board finds that Respondent's contact with the student was of a sufficiently serious nature as to place upon him an affirmative duty to report these incidents to his immediate supervisor. (T-31, 32, 34, 37, 42, 43, 45, 46). Pursuant to School Board Rule 6Gx13-4A-1.21(1), all persons employed by The School Beard of Dade County, Florida are representatives of the School Board. As such, they are expected to conduct themselves in a manner that will reflect credit upon themselves and the school system. The above-referenced actions by the employee did not reflect credit upon himself and, therefore, constitutes conduct unbecoming a School Board employee. IT IS FURTHER ORDERED AND ADJUDGED, that the School Board, based on Respondent's conduct in telephoning the student, visiting the student's home, showing the diary to other security monitors, and failing to report the student's conduct to an administrator, modifies the Hearing Officer's Recommended Order and dismisses the Respondent from all employment with the School Board, based upon poor judgement which did not reflect credit upon himself, and therefore constitute conduct unbecoming a School Board employee. The Respondent's actions violate School Board Rule 6Gx13-4A-1.21. DONE AND ORDERED this 5th day of January 1994. THE SCHOOL BOARD OF DADE COUNTY, FLORIDA Betsy H. Kaplan, Chairperson ================================================================= DISTRICT COURT OPINION ================================================================= IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, 1994 BERNARD PEART, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Appellant, DISPOSITION THEREOF IF FILED. vs. THE SCHOOL BOARD OF DADE DOAH CASE NO. 93-2424 COUNTY, FLORIDA, CASE NO. 94-115 Appellee. / Opinion filed June 7, 1994. An Appeal from the School Board of Dade County, Florida. Du Fresne and Bradley, and William Du Fresne, for appellant. Gerald A. Williams, for appellee. Before BARKDUFF, JORGENSON, and GERSTEN, JJ. PER CURIAM. Affirmd. S 120.57(1)(b)10, Fla. Stat. (1993); Reese v. Department of Professional Regulation, 471 So. 2d 601, 603 (Fla. 1st DCA 1985); Ford v. Bay County Sch. Bd., 246 So. 2d 119, 121- 22 (Fla. 1st DCA 1970).
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent not guilty of the allegations contained within the Amended Notice of Specific Charges filed against him in this cause and reinstating Respondent to his position as a school monitor with full back pay. DONE and ENTERED this 18th day of November, 1993, at Tallahassee, Florida. LINDA M. RIGOT 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 18th day of November, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-2424 Petitioner's proposed findings of fact numbered 2-8 have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed finding of fact numbered 1 has been rejected as not constituting a finding of fact but rather as constituting a conclusion of law. Petitioner's proposed findings of fact numbered 9-16 have been rejected as not being supported by the weight of the credible evidence in this cause. Respondent's proposed finding of fact numbered 1 has been accepted in substance in this Recommended Order. COPIES FURNISHED: Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 Gerald A. Williams, Esquire Mack and Bernstein 1450 North East 2nd Avenue, Suite 562 Miami, Florida 33132 William Du Fresne, Esquire Du Fresne and Bradley 2929 South West Third Avenue Miami, Florida 33129
Findings Of Fact The Respondent holds Florida Teaching Certificate 431123 issued by the Florida Department of Education including the subject areas of business education, mathematics and vocational education. During the 1981-82 school year involved in this proceeding, the Respondent was employed as a teacher at Brownsville Middle School in the Escambia County School District. The Petitioner is an agency of the State of Florida charged with licensing and enforcing the licensure standards embodied in its organic statute and rules and with regulating and enforcing the standards of professional practice of teachers licensed in the State of Florida, including the institution of disciplinary proceedings against teachers for alleged violation of those standards. During the month of April, 1982, the Respondent served as one of eight chaperones for the Pensacola High School senior class trip to various points of interest in the State of Florida, including Busch Gardens in Tampa. Transportation for the trip was provided by four busses with two chaperones assigned to each bus. While on the trip the group took a brief cruise off the east coast of Florida, visited the Kennedy Space Center on Saturday and returned to Tampa on Saturday afternoon. The group had dinner at the Kapok Tree Inn Restaurant on Saturday evening and then visited Busch Gardens on Sunday. The class then returned to Pensacola directly from Busch Gardens without staying overnight Sunday. They arrived back in Pensacola in the early hours of Monday morning. There were eight chaperones, three of whom were male. Senior student Joe Blake was among the students on the senior class trip. The Respondent knew Joe Blake prior to the senior class trip because she served as a substitute teacher during the Spring of 1979 for a class at Pensacola High School in which Joe Blake was enrolled. Deborah Greene is a learning disabilities teacher at Pensacola High School. She also served as a chaperone for the senior class trip and shared a hotel room with the Respondent. Prior to accompanying the seniors on their trip in April, 1982, Ms. Greene had never met the Respondent. Joe Blake rode the same bus that Ms. Greene and Ms. Holmes rode on the trip, and on which they served as chaperones. On the Saturday afternoon bus trip from the Kennedy Space Center to Tampa, Florida, the Respondent hugged Joe Blake by placing her arm around him while they were both standing in the aisle of the bus. This action was done in a joking, lighthearted manner at a time when both Blake and Respondent were surrounded by other students. The Respondent also sat with Joe Blake near the rear of the bus on the ride from Kennedy Space Center to Tampa. They were observed with two of their arms intertwined and listening to a large radio which they were holding across their laps. Petitioner's Exhibit 2B in evidence, shows that the Respondent took a nap for part of the bus trip across the state, and was photographed with her head resting on Joe Blake's shoulder. Upon arriving in Tampa on Saturday afternoon, the class and the chaperones had supper at the Kapok Tree Inn and thereafter returned to their hotel rooms. Both Ms. Greene and the Respondent spent a considerable amount of time that evening checking the student's rooms and monitoring the halls and ensuring that the students engaged in no misconduct, were not absent from their rooms and unaccounted for. Ms. Greene finally went to bed at approximately 2:30 a.m. Sunday morning and the Respondent went to bed sometime thereafter. On this evening Ms. Greene and the Respondent were sharing a hotel room. Respondent was not in the room when Ms. Greene went to bed. Ms. Greene testified that she awoke sometime later to sounds of kissing, moaning and other indistinct noises and she heard the Respondent say "Joe, quit, be quiet, be quiet." According to Ms. Greene, the Respondent was lying in a recumbent position on the bed with the student named Joe Blake. Ms. Greene believed that she was awake for about an hour and that she heard noises of what she assumed to be sexual intercourse during that time, describing the Respondent's tone of voice as "passionate." Ms. Greene awoke about 6:00 that morning and observed the Respondent leaving the room clad in her bathrobe. Joe Blake was asleep in the adjoining bed, unclothed from the waist up and covered otherwise. Ms. Greene went into the bathroom to get dressed and then stepped out into the hall, leaving the hotel room door partially open. Shortly thereafter Joe Blake got up and went to his room next door. At approximately that time, the Respondent explained to Ms. Greene that Joe Blake had come to her room, knocked on the door and she let him in to watch television, and that he had fallen asleep on her bed. The Respondent told Ms. Greene that she didn't know what to do about that so she just left him there explaining that she slept in a chair. The hotel room was in a darkened condition at the time Ms. Greene perceived the Respondent and Joe Blake in the room. Ms. Greene did not report the incident to anyone until the Spring of 1983, approximately one year later and on the occasion of a proposal to include the Respondent as a chaperone for the 1983 senior trip. Thus, at that time she discussed the matter with another teacher named Peggy Hess and ultimately reported the matter to Principal J. P. Cone, who obtained a written statement from Ms. Greene. Ms. Greene testified that she "really didn't know what to do about the situation." In any event, Ms. Greene was eventually questioned about the incident in September of 1983 by Pensacola High School Principal J. P. Cone. At that time she verbally related her observances to Mr. Cone and later provided him with a written Statement concerning the episode. After arising on Sunday morning, the senior class and their chaperones, including the Respondent and Dean Barbara Rose, another chaperone, visited Busch Gardens in Tampa. While Dean Rose observed the Respondent walking hand-in-hand with Joe Blake on one occasion while the class was visiting Busch Gardens, she did not consider that unusual under the circumstances. J. P. Cone, the Principal of Pensacola High School, received a report, concerning the incident involving the Respondent being observed holding hands with Blake at Busch Gardens, from Barbara Rose on September 13, 1983. Mr. Cone obtained a written statement from Debbie Greene concerning the incident in the hotel room on September 1, 1983. That written statement and the verbal statement made by Ms. Greene to Mr. Cone contained no reference to the fact that Ms. Greene allegedly heard sounds of sexual intercourse. An investigation was conducted by Mr. Cone and the Respondent ultimately was issued a reprimand. Mr. Cone also received a written report prepared by Margaret Hess, another chaperone on the trip which was introduced into evidence by Respondent. In that written statement, Ms. Hess acknowledged that she knew of the report made by Debbie Greene, but stated that she had observed nothing that would have indicated such an event had taken place based upon her observance of the Respondent and Joe Blake's conduct on the trip. Ms. Hess explained that she had seen the Respondent with Joe Blake and other students at Busch Gardens and observed them holding hands on one occasion but had not considered that in itself unusual. The Respondent is a 35-year old woman with two teen age sons. She took the stand in her own defense and stated that she had no contact of a romantic nature with Joe Blake, explaining that she considered such conduct ridiculous since she was approximately 17 years his senior. Ms. Holmes described Joe Blake as banging on the door of her hotel room and creating a disturbance on the night in question. When she opened it he appeared to be intoxicated. She maintains that although he made an advance and attempted to kiss her or hug her, including pulling her down beside him on the bed, that this was at his behest and not hers and that she resisted and discouraged his conduct immediately. Thereafter Blake fell asleep for the remainder of the night, and she stated that she spent the remainder of the night sleeping in a chair. She told the other chaperones the next morning that Blake was asleep in her room so that they would not be concerned about his whereabouts. Charles Franklin Beall is a minister at Trinity Presbyterian Church in Pensacola, Florida. The Respondent has been his parishioner for approximately twelve and one-half years and she has a good reputation in the community for truthfulness. Lucy Mitchell, an Occupation Placement Specialist at Pensacola High School has known the Respondent for approximately seven years and considers her to be "highly respected." Aside from the disciplinary measure of a reprimand imposed by Principal Cone, concerning this incident, the Respondent was not shown to have ever been subjected to disciplinary action in the past.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, it is, therefore RECOMMENDED that the Administrative Complaint should be DISMISSED. DONE and ENTERED this 20th day of December, 1984 in Tallahassee, Florida. P. MICHAEL RUFF 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 20th day of December, 1984. COPIES FURNISHED: J. David Holder, Esquire Post Office Box 1694 Tallahassee, Florida 32302 Philip J. Padovano, Esquire Post Office Box 873 Tallahassee, Florida 32302 Donald Griesheimer, Executive Director Education Practices Commission The Knott Building Tallahassee, Florida 32301 Honorable Ralph Turlington Commissioner of Education The Capitol Tallahassee, Florida 32301 =================================================================
