The Issue Respondent's alleged violation of Monroe County District School Board Policy Rule 2.5.1 on or about January 8, 1976, by possession of marijuana on school grounds.
Findings Of Fact Respondent is a 16 year old, 11th grade high school student attending Marathon High School, Marathon, Florida. On January 8, 1976, Respondent was found in possession of 32 grams of marijuana on the grounds of Marathon High School. (Stipulation of the Parties) On April 21, 1976, the Circuit Court of Monroe County, Florida, accepted Respondent's plea of guilty to a charge of possession of marijuana, withheld adjudication as a delinquent and placed him on probation for a period of six months under the supervision of a Youth Counselor, State of Florida Youth Services Division. Conditions of probation included a curfew, weekly meetings with the counselor and part-time employment while attending school. (Testimony of Seale) At the time of his apprehension, Respondent admitted possession of marijuana to authorities and cooperated with them by divulging its source. Respondent denies any prior arrests and, in the opinion of the Youth Counselor, he is not likely to commit an offense of this nature in the future. He has evidenced remorse and desires to continue attendance at the high school. The Youth Counselor feels that it would serve no useful purpose to prevent him from further attendance. (Testimony of Seale, Collins) Respondent is not a problem student nor is he considered to be incorrigible or a socially maladjusted child. An alternative to expulsion exists at Marathon High School in the form of a rehabilitative program for socially maladjusted children that is supervised by one instructor who exercises close supervision over the students in the program. A student who is expelled from high school may enter an evening adult education program whereby he can acquire necessary academic credits by attending evening classes. The principal of Marathon High School recommends that Respondent be expelled because of the seriousness of his offense as evidenced by the unusually large amount of marijuana. (Testimony of Gradick)
Recommendation That Respondent, Gordon Collins, be expelled from Marathon High School, Marathon, Florida, effective June 8, 1976, for violation of Monroe County District School Board Policy Rule 2.5.1, by possession of marijuana on the school grounds on or about January 8, 1976. DONE and ENTERED 14th day of May, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 Filed with the Clerk of the Division of Administrative Hearings this 14th day of May, 1976. COPIES FURNISHED: Glenn Archer, Jr. Assistant Superintendent Post Office Drawer 1430 Key West, Florida 33040 Peter Lenzi, Esquire Post Office Box 938 Marathon, Florida 33050
Recommendation Based upon the foregoing, it is recommended: That Laurie J. Oldock be found guilty only of attempting to use a person under eighteen to deliver a controlled substance, and that the other charges set forth in the Notice of Intent to Take Action be dismissed. That Laurie J. Oldock be dismissed as an employee of the School Board of Collier County, as set forth in the Stipulated Disposition. RECOMMENDED this 10th day of July, 1990, in Tallahassee, Florida. Administrative Hearings Parkway 32399-1550 of the Administrative Hearings July, 1990. VERONICA E. DONNELLY Hearing Officer Division of The DeSoto Building 1230 Apalachee Tallahassee, FL (904) 488-9675 Filed with the Clerk Division of this 10th day of COPIES FURNISHED: James H. Siesky, Esquire Siesky and Lehman, P.A. 700 Eleventh Street South Suite 203 Naples, Florida 33940 Jerry Berry, Esquire 2500 Airport Road South Suite 309 Naples, Florida 33962 Dr. Thomas L. Richey, Superintendent Collier County School Board 3710 Estey Avenue Naples, Florida 33942 Sydney H. McKenzie, Esquire General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400 The Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 ================================================== ===============
Findings Of Fact Michael J. Craven holds a Florida teaching certificate #244046, Post Graduate, Rank II, for elementary education, junior college and supervision. During the school year 1978-1979, he was employed as a foreign language teacher and curriculum assistant at Terry Parker Senior High School in Duval County. He was on an annual contract. At the conclusion of the school year he was not rehired because of a police report received by the personnel office of the Duval County school system. The report alleged that Mr. Craven had committed a sexual offense. Michael Legan is a detective with the Duval County Sheriff's Office. He is attached to the vice squad and was so employed on February 15, 1979. On that date he was on duty at an establishment called Daytona International where pornographic movies were shown in numerous small booths. Mr. Craven approached detective Legan who was wearing plain clothes and asked him if he wanted to watch a movie with Mr. Craven. Detective Legan agreed and went into a booth. Upon their entry Mr. Craven put one hand on Detective Legan's buttocks and grabbed his crotch with the other one, while attempting to fondle him. At that point Mr. Craven was arrested. On February 22. 1979, an information was filed by the State Attorney against Mr. Craven. It alleged that on February l5, 1979, he violated Section 800.02, Florida Statutes by fondling and rubbing Detective Legan's buttock and penis. Mr. Craven pled guilty as charged on March 19, 1979. He received a fine of $50.00 by the Duval County Court. Immediately after his arrest, Mr. Craven notified his school principal of his arrest. Other than to rehire him for another year of teaching, no discipline concerning Mr. Craven's arrest or conviction was ever taken against him by the Superintendent or School Board of Duval County. Since the school year of 1968-1969, Craven has received excellent evaluations of his performance as a school teacher.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED That a final order be entered by the Education Practices Commission, pursuant to Section 2, Chapter 80-190 Laws of Florida (1980) suspending Mr. Craven's certificate to teach for a period of three (3) years commencing with the date of the final order. DONE and RECOMMENDED this 10th day of October, 1980, in Tallahassee, Florida. MICHAEL PEARCE DODSON Hearing Officer Division of Administrative Hearings The Collins Building Room 101 Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of October, 1980. COPIES FURNISHED: L. Haldane Taylor, Esquire 1902 Independent Square Jacksonville, Florida 32202 Michael J. Craven 3460 Red Oak Circle East Orange Park, Florida 32073
The Issue The issue is whether Respondent should be terminated from employment for the reasons stated in the Final Disposition - Notice of Dismissal (Notice), dated October 11, 2017.
Findings Of Fact Background The College is a public institution of higher education charged with the responsibility of providing post-secondary education. Currently, there are approximately 33,000 students enrolled at the College. It has eight campuses, including the Tarpon Springs Campus. Seven of the campuses have Provosts, who report to the Senior Vice President of Student Services. The College is overseen by a five-member Board of Trustees (Board), each Trustee appointed by the Governor. In this contentious dispute, the College seeks to terminate Respondent from his position as Provost of the Tarpon Springs Campus, a position he has held since 2014 under an annual Contract for Employment for Administrative Personnel of Community Colleges. The contract has been renewed three times, most recently for a term beginning on July 1, 2017, and ending June 30, 2018. The College, however, can decline to renew his contract for no cause at the end of each term. The annual contract provides that "the Board may suspend or dismiss the Administrator [Provost] for cause pursuant to the applicable provisions of the Florida Statutes and the Board of Trustees' Rules and Colleges Procedures." Also, under Board Rule 6Hx23-2.2012 (rule 23-2.2012), the College can terminate contractual employees for "immorality, misconduct in office, incompetency, gross insubordination, willful neglect of duty, drunkenness or conviction of any crime involving moral turpitude." In this case, the College relies upon misconduct in office as the ground for dismissal. The contract requires Respondent to comply with all relevant statutes and rules of the State Board of Education, the State Board of Community Colleges, and the Board of Trustees. He also is required to comply with the terms of any College internal policies and procedures in effect at the time that his first contract became effective, and continuing throughout his term of employment. The position of Provost is a very high-ranking administrative position. The Provost is responsible for overseeing all aspects of student services, which includes student complaints of harassment and discrimination, as well as working in partnership with Academic Deans and the faculty. It is a highly visible position with the College and in the community. The College characterized the position as the "face" of the campus and the Tarpon Springs community. The Provost also serves on various community boards and organizations to represent the views of the College. At the time of Respondent's hire in 2014, the President was Dr. William Law, while Dr. Tonjua Williams served as Senior Vice President, Student Services. Dr. Williams is now the President and the one responsible for making the decision to terminate Respondent's employment, subject to confirmation by a majority of the Trustees. Shortly after his hire in 2014, the College became aware of allegations at his prior employment in Virginia, which involved an inappropriate relationship with a subordinate female employee. Dr. Law directed Dr. Williams to speak with Respondent about the allegations. Respondent acknowledged to her that the allegation was true, and, as a consequence, he was moved from a position on campus to a district office position. Dr. Law decided to give Respondent the opportunity to continue to serve at the College, but the expectations of the College with regard to his personal conduct were made very clear in a memorandum to Respondent from Dr. Williams. It stated in part that "it all boils down to exercising good judgment. Modeling good judgment is highly valued at [the College] and has a significant impact on staff morale, leadership effectiveness and student success." Respondent acknowledged in writing that he received the memorandum. According to the President, this established the expectation that he would always use good judgment in matters concerning the College. During his tenure at the College, Dr. Williams and Respondent had what she characterized as a "great relationship," "a very close working relationship," and one that was "open and transparent." She added "[t]here were no problems with us reaching each other when we needed to speak and talk." The Incident Around 1:30 a.m. on August 21, 2017, a physical altercation between Respondent and a female occurred at her apartment in New Port Richey. Although Respondent is married, the two had been involved in an affair for around two years. The female was not a student or employee of the College. On Thursday, August 31, 2017, Respondent was served with papers requiring him to appear for a hearing in circuit court on a domestic violence injunction involving the female. While attending the hearing on Friday, September 1, 2017, Respondent was arrested by the Pasco County Sheriff's Office and charged with two felonies, one for Burglary - Occupied Dwelling Unarmed (§ 810.02(3)(a), Fla. Stat.), and another for Battery - Commit Domestic Battery by Strangulation (§ 784.041(2)(a), Fla. Stat). Both charges related to the incident that occurred on August 21, 2017. After spending the night in jail, Respondent bonded out on Saturday, September 2, 2017. On October 26, 2017, the charges were dismissed by the State Attorney after he declined to prosecute the matter. Events After the Arrest The College was closed officially for Labor Day weekend on September 2, 3, and 4, 2017. On Tuesday morning, September 5, 2017, Respondent texted Dr. Williams asking, "can we talk privately tomorrow I have a home life situation but I need to converse with you." Respondent knew that Dr. Williams planned to attend a conference at the Tarpon Springs Campus the following day, and he intended to speak with her at that time. Dr. Williams responded "absolutely." Nothing in the text suggests the "home life situation" was related to a legal matter or criminal arrest or that there was any urgency in meeting with her. Nor did it suggest that the subject of the meeting involved something that could potentially affect the College's reputation or his continued employment. In fact, Dr. Williams assumed he wanted to discuss "a personal matter." Due to the threat of Hurricane Irma, then in the Gulf of Mexico and headed towards the state, Dr. Williams did not attend the conference the next day. Also, the College closed officially on September 6, 2017, due to the hurricane and did not reopen officially until September 18, 2017. With the approval of his supervisor, Dr. Rinard, Respondent flew to Maryland, where his wife and children reside. He did not return to Florida until September 13, 2017. During this intervening period, he did not attempt to contact his supervisor or the President regarding his arrest. Even though the College was closed for the hurricane, administrators continued to perform duties and responsibilities related to the safety and security of the College. Dr. Williams conducted at least two conference calls per day via telephone or Skype, where as many as 60 administrators would join in the call to discuss situations on the campuses. Although he was in Maryland much of the time, Respondent joined in the conferences on most, if not all, of those occasions. In fact, on Monday, September 11, 2017, he texted Dr. Williams regarding the situation on the Tarpon Springs campus, which had been conveyed to him by his staff. On September 12, 2017, Respondent texted Dr. Williams and advised he was returning from Maryland. The text stated in part: "I need to speak to you regarding a personal/family matter. I will discuss all in detail with you." Again, it made no reference to his arrest. After he returned to Florida the next day, Respondent and Dr. Williams agreed to meet on September 14, 2017, at a local restaurant. However, the President later informed Respondent that she was unable to make the meeting and needed to reschedule. She attempted to reach him later that day by telephone to reschedule the meeting but was unsuccessful. At that point, she assumed Respondent wished to discuss a personal family matter that did not involve the College. The two exchanged texts again on Sunday, September 17, 2017, but Respondent chose not to mention his arrest. Around noon on September 18, 2017, or 17 days after his arrest, Respondent telephoned Dr. Williams, and, in a 15-minute conversation, he advised her that he had been arrested on September 1, 2017, he was innocent of the charges, and he had retained counsel. He also told Dr. Williams that he was involved in a relationship with a woman that went awry, and the incident was not work-related. Respondent added that he had gone to court on September 1, 2017, to file a restraining order against the female, and he believed he was being scammed.1/ During the call, Dr. Williams told Respondent she needed more details. She specifically asked that he provide a police report with the details of the incident and the name of the victim to verify she was not a student. Dr. Williams also told Respondent that he needed to contact Dr. Rinard, his immediate supervisor, and tell him what had happened. Had Respondent been unable to reach Dr. Williams by telephone on September 18, 2017, his belated efforts to notify the President would be further delayed, as Respondent's first choice was to speak to her one-on-one, or if this was not possible, to discuss the incident by telephone. His actions also raise an inference that he always intended to speak with the President, and not his direct supervisor. Later that same day, September 18, 2017, Respondent spoke with Dr. Rinard by telephone. According to Dr. Rinard, Respondent "informed [him] that he had had an affair, that the woman he had an affair with had pressed charges, he was arrested, that these were all lies, that she was a thief, she had stolen property, [and he] admitted that he was wrong to have had an affair." Dr. Rinard asked Respondent if the incident involved a student or employee or occurred on College property. He was told it did not. He did not provide Dr. Rinard with the name of the victim. The following day, the two again spoke briefly while attending a Board meeting. Respondent asked if he needed anything more in reference to their conversation the previous day and Dr. Rinard answered "no." While at the Board meeting, Respondent spoke privately with a Board member, Trustee Gibbons, and disclosed that he had been arrested. On the evening of September 18, 2017, the President telephoned Respondent and commented that she was looking at the charges on a website. She said she needed more information regarding the incident, but Respondent told her he had no documentation regarding the arrest. During the call, Respondent asked the President to speak with his attorney who could provide any details that she wanted concerning the charges. Although Dr. Williams testified there was no agreement to speak with the attorney, Respondent's criminal attorney, Mr. Theophilopoulos, testified that he understood Dr. Williams had agreed to a conference call around 5:30 p.m. on September 20, 2017, so that he (the attorney) could answer any questions she had. Dr. Williams denies that a conference call was scheduled. Respondent contends otherwise and says he went to his attorney's office and waited for her to call at the scheduled time, and when she did not, they both attempted to call her from his office but were unsuccessful.2/ Whether or not such a call was scheduled, it is undisputed that it never took place. However, Dr. Williams telephoned Respondent around 6:11 p.m. on September 20, 2017, while he was driving home from his attorney's office. The Vice President of Administrative/Business Services & Information Technology, Mr. Miles, participated in the call. Mr. Miles has oversight of the Human Resources Department. During the call, Dr. Williams informed Respondent that he was being placed on administrative leave, with pay and benefits, effective that date. Again, she requested a copy of the police report or details of the incident, as the College needed more information so that it could properly assess the situation. Respondent replied that he had no written reports but his attorney had "new information" regarding the charges. Respondent was told to have his attorney contact the College General Counsel, Ms. Gardner. A few hours after the phone call, Respondent received a memorandum from Dr. Williams via email confirming that he was being placed on administrative leave, with pay and benefits, until further notice. According to Dr. Williams, this would give the College more time to thoroughly review the situation before deciding what action to take. At that time, the College still lacked the name of the victim and detailed information regarding the arrest. On September 20, 2017, Dr. Williams notified three of the five Trustees about the incident and shared with them the information she had gathered up to that point. She also told them she was still "working" on what action to take. Respondent decided to return to Maryland the same evening he was placed on administrative leave. He testified that while driving to Maryland, he received a call from Trustee Gibbons, who told him the Board had voted to not terminate him if he was cleared of the charges. This assertion was not corroborated, and there is no record of any Board meeting at which a vote would have taken place. The Termination Process On September 21, 2017, Dr. Rinard advised Tarpon Springs faculty and staff that Respondent had been placed on administrative leave and that an interim Provost had been appointed. That evening, Dr. Williams and Mr. Miles spoke with Respondent by telephone. They informed him that the College had not yet received information regarding the arrest and instructed Respondent to return his keys. Mr. Miles offered to meet with him to pick up the keys. However, Respondent, who by then was in Maryland, told them he had already mailed his keys to his attorney. The following day, September 22, 2017, through its own investigation, the College was able to obtain a copy of the Pasco County Complaint Affidavit providing additional details regarding the arrest. On Saturday, September 23, 2017, Mr. Miles left a voicemail for Respondent and reminded him that he wanted to meet with him to obtain the keys to College property. Mr. Miles also sent a text, which stated, "Dr. Williams asked me to obtain your work keys so I'm coming today," meaning that he (Mr. Miles) would drive to Respondent's home in Palm Harbor or the campus that day to retrieve the items. In response to Mr. Miles' request, Respondent replied by email that the keys had been sent to his attorney via Federal Express from Maryland. He added that if the College had any further questions, his attorney should be contacted. As of Monday, September 25, 2017, the College had not received any additional information from Respondent or his attorney regarding the arrest, and it had not received Respondent's keys or swipe card. On September 25, 2017, Dr. Williams determined that termination proceedings should begin. The same day, Dr. Rinard issued a memorandum recommending that Respondent be dismissed from employment. The basis for the recommendation was as follows: You have engaged in misconduct by not timely disclosing to the College your arrest and the charges pending against you. You have also engaged in misconduct by not providing the College with documentation related to your arrest and not returning the College's property upon request. You have also engaged in misconduct by not being truthful and forthcoming about the details of your arrest. The memorandum was actually prepared for Dr. Rinard's signature by Mr. Miles, who oversees the Human Resources Department and is also an attorney. According to the memorandum, Respondent's actions violated rule 23-2.2012, which authorizes the College to terminate an administrator for the offense of "misconduct in office." The recommendation also referred to rule 6Hx23-2.19, which outlines the procedure the College must follow when it proposes to terminate an employee. The following day, September 26, 2017, Respondent's attorney emailed the General Counsel asking for directions on where to return the keys and swipe card that were in his possession. She replied that all College property, including any electronic devices or computers, should be delivered to the security desk lobby of the district office in St. Petersburg. On September 28, 2017, five days after Dr. Williams' directive, the keys and swipe card were delivered and secured by the College. The College did not receive Respondent's college- owned laptop and other electronic devices until October 11, 2017. The Predetermination Hearing and Termination After the recommendation to terminate was issued, Respondent requested a predetermination hearing, which is afforded an employee before a decision is made regarding termination. On October 5, 2017, a hearing was conducted by the Senior Vice President of Instructional & Academic Programs, Dr. Anne Cooper, who had the authority to affirm, modify, or reject Dr. Rinard's recommendation. Respondent was accompanied by his attorney at the hearing. At the hearing, Respondent was provided a timeline of events. In response, Respondent presented his own timeline for reporting the arrest, as well as a written statement from the alleged victim in the incident which resulted in his arrest. On October 9, 2017, Dr. Cooper issued a recommendation to the President that Dr. Rinard's decision to terminate Respondent's employment be upheld. The recommendation is found in Petitioner's Exhibit 11. By letter dated October 11, 2017, the President advised Respondent that she was upholding the recommendation for dismissal because Respondent: Failed to timely advise supervisor and college administration of the arrest and nature of the charges; Failed to provide the college with information and requested documentation regarding the arrest and allegations; and Failed to immediately return college property as requested. These grounds differed slightly from those in the memorandum signed by Dr. Rinard on September 25, 2017. Whereas Dr. Rinard's memorandum stated that Respondent had failed to timely inform the College of his arrest and pending charges, Dr. Williams' Notice stated that Respondent had "[f]ailed to timely advise supervisor and college administration of the arrest and nature of the charges." Whereas the memorandum stated that Respondent had failed to provide the college with "documentation related to [his] arrest," the Notice stated that he had "[f]ailed to provide the college with information and requested documentation regarding the arrest and allegations." Finally, whereas the memorandum stated that Respondent had not returned the College's property upon request, the Notice stated that Respondent had "[f]ailed to immediately return college property as requested." Although Respondent contends he is prejudiced because the original charges were modified, the allegations in the memorandum and Notice are substantially the same, and Respondent did not demonstrate how he was prejudiced by the minor changes. No matter which set of charges apply, the College has established that the allegations are true. The College Regulations and Policies Both parties agree there is no specific College regulation that requires employees to immediately notify their supervisor or other College officials after they are arrested and charged with a crime. However, Dr. Williams stated there is an expectation that a high-ranking employee, such as a Provost, should immediately notify his supervisor, within one or two working days, given the repercussions to the College that might arise if and when the charges became public.3/ The College relies on rule 23-2.2012 as the "principal ground for prosecution in this case." That rule allows the College to dismiss an employee under written contract for "misconduct in office." The term is not further defined by rule or statute that is applicable to the College. Because Respondent is not a career service employee, the College cannot rely on procedures applicable to that category of employees. Analysis of Respondent's Conduct At hearing, Respondent characterized the incident as "a personal and private matter" that was unrelated to the College. However, he agreed he had an obligation to tell the President and Dr. Rinard about the incident so that the College would not be blind-sided if the incident became public. He contends he made good-faith efforts to contact Dr. Williams by texting her on several occasions to request a meeting. But none of the texts stated, or even suggested, that he needed to speak with her about a work-related matter or that he had been arrested for two felony charges. Moreover, these efforts evidence the fact that he knew he had an obligation to timely, completely, and candidly report anything that could impact his effectiveness as a Provost or the reputation of the College. He failed to fulfill this obligation. Respondent does not dispute the fact that he made no effort to notify his immediate supervisor, Dr. Rinard, regarding his arrest until Dr. Williams instructed him to do so on September 18, 2017. More than likely, this was because he had very little contact with Dr. Rinard, who had assumed his position in July 2017. On the other hand, he had a much closer relationship with the President, and she is the individual who makes the final decision. According to Respondent, it was important that he discuss the matter one-on-one with the President due to the "nature of the sensitivity of the situation itself, my accuracy of understanding the accusations and the false accusations, which were also racially motivated." After Respondent was unsuccessful in personally speaking with the President on September 6, 2017, he should have immediately disclosed his arrest by telephone. The record shows that he had ample opportunity to report the incident to the President by telephone beginning on the day after he was arrested. His failure to do so exhibits a lack of good judgment and trustworthiness. The delay in reporting the arrest from September 1 until September 18, 2017, was unreasonable in light of all circumstances. As Dr. Williams noted, "there is an expectation of good judgment for Provost and campus leaders, Deans, and others in that role. And you always expect your leaders, you know, [to] protect the Institution and make sure they are aware of what is going on." In the same vein, Mr. Miles pointed out that the College ended up having "to get the information ourselves" after Respondent failed to provide additional information regarding the arrest. This led him to ask whether he could "trust Dr. Bright to give me what I need to do the job that I need to do." He added that it was imperative that the College know "what exposure" it might have and how to "react to the situation" should the incident become public. Dr. Cooper, who conducted the predetermination meeting and is the chief academic officer of the College, testified that the Provost is a high-profile position and the face of the campus in the community. She noted that even though the College was closed for a hurricane, "there were multiple opportunities to report the incident to his direct supervisor, Dr. Rinard, and he failed to do so." She also testified that the incident could have blind-sided the President and Board of Trustees and put "the College in a very poor light in regard to the community." She added that "there was potential for multiple issues associated with not reporting it sooner," and "someone in that high-profile leadership position would know that." She summed it up by saying that even if there was not a specific written policy requiring Respondent to promptly report the incident to his superiors, an obligation to do so "is leadership 101." Besides failing to report the incident for 17 days, the evidence as a whole shows that, once the incident was reported, Respondent was non-responsive, uncooperative, and somewhat evasive in responding to Dr. Williams' direction to provide her additional information regarding the arrest and the name of the victim. The President had legitimate reasons for requesting additional information. Without this information, the College was at risk of having its reputation and credibility damaged. As the President pointed out, she asked for information, and when she did not receive it, this forced her to "go dig [herself] to find information" from another source. This should not be the job of the President. Finally, as previously found, Respondent did not promptly turn in all College keys and equipment, despite being told to do so on numerous occasions.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that St. Petersburg College enter a final order terminating Respondent's employment as Provost at the Tarpon Springs Campus. DONE AND ENTERED this 4th day of April, 2018, in Tallahassee, Leon County, Florida. S D. R. ALEXANDER 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 4th day of April, 2018.
The Issue Whether Respondent should receive back-pay for the period of time he was suspended without pay by the School Board of Highlands County, Florida (Board) under the facts and circumstances of this case.
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: At all times material to these proceedings, the Respondent was employed by the Board as a guidance counselor at Sebring High School, Sebring, Highlands County, Florida. Sometime around November 1989, N.S., a student in the Respondent's peer counseling class at Sebring High School notified Rebecca Clark (Clark), Assistant Principal, Sebring High School, that Respondent had engaged in inappropriate behavior with her and other students in the class. Thereafter, in early January 1991, J.N.A., another student in Respondent's peer counseling class, met with Clark to confirm N.S.'s allegations. As a result of the allegations by N.S. and J.N.A., Clark notified Jim Bible, (Bible) Principal, Sebring High School, of the nature of the allegations. Bible contacted John Martin, (Martin) Associate Superintendent for Administration by phone concerning the necessity of discussing the allegations, and both Bible and Clark met with Martin. Bible was instructed by Martin to interview the Respondent about the allegations, and on January 5, 1990 a conference was held which included Bible, Clark and the Respondent wherein the Respondent was confronted with the allegations. With the Respondent's approval, the conference was electronically recorded by a tape recorder. The tape was transcribed, and the transcript received into evidence as Petitioner's exhibit 5. During the conference, the Respondent talked candidly about the allegations, and although he did not deny specific allegations such as, kissing a female student on the lips or whispering to students about being pretty, or sexy or that he or some one loved them, he did not recall any specific incident where he kissed a female student on the lips or just breathed heavily into their ears or licked their ears or kissed them on the ear. Additionally, he did not recall any student pulling away from him or telling him to stop. In fact, it was Respondent's recollection that most of the contact was initiated by the students, and he had had no indication from the students that they were uncomfortable with his mannerisms or behavior. Following the January 5, 1990 conference, Martin was furnished a copy of the tape which he and the Superintendent reviewed. Following this review, the Superintendent asked Martin to talk with the Respondent. During this conference with Martin, Respondent assured Martin that there was nothing beyond what had already transpired, and Martin assured Respondent that if there wasn't then there would probably be only a letter of reprimand, but that PPS and HRS would have to be notified. Following Martin's conference with the Respondent, the Superintendent issued a letter of reprimand to the Respondent. This letter of reprimand was dated January 8, 1990 and advised the Respondent that: (a) his behavior in regards to the allegations was "totally inappropriate and unacceptable" and "enough to indicate a possible violation of Section 6B-1.06(sic), Principles of Professional Conduct for the Education Profession in Florida"; (b) he was to "consider this an official reprimand which will be placed in your personnel file upon completion of the investigation"; (c) "any future or similar behavior may result in action to terminate your teaching contract with the Highlands County School Board"; and (d) "the matter must be reported to the Department of Health and Rehabilitative Services and the Professional Practices Services of the Florida Teachers Profession". There was no evidence that Respondent repeated the conduct discussed in the January 5, 1990 conference, or the conduct referred to by the Superintendent in her letter of reprimand on January 8, 1990, or the conduct discussed with Bible in the informal conference referenced in Finding of Fact 29. The Superintendent reported the matter to HRS and PPS, and although Martin was kept abreast of the pending investigations by HRS and PPS, neither the Board nor the Superintendent made any further investigation of the Respondent's conduct which formed the basis for the Superintendent's action set out in her letter of reprimand of January 8, 1990, before the Board's suspension of the Respondent without pay on February 13, 1990. In early February 1990, HRS informed Martin that "a confirmed finding of sexual abuse had been reached by the HRS". On February 5, 1990, solely as a result of the disclosure by HRS that sexual abuse had been "confirmed", the Superintendent suspended the Respondent with pay and recommended to the Board that the Respondent be suspended without pay. In apparent disregard of the confidentiality provided for such records in Section 415.51, Florida Statutes, a copy of the complete entire HRS files in this matter was given to Martin who in turn had the files reproduced, and provided a copy to each Board member and the Board attorney before the Board's February 13, 1990 meeting. No written or other notification was provided to the Respondent that the contents of the confidential files were being provided to the Board. As a result of its receipt and review of the HRS file, the Board on February 13, 1990, acting pursuant to the Superintendent's recommendation, suspended the Respondent from employment without pay effective February 14, 1990, and such suspension to continue "until investigations have been completed by the Professional Practices Services and other agencies". The Board provided that should the Respondent be "exonerated of all charges, he will receive back pay". The Board at its February 13, 1991 meeting did not have before it any of the PPS investigatory file or any other facts found by the PPS in its investigation and, therefore, in that sense, the PPS investigation was not a factor in the Board's decision to suspend the Respondent without pay. Although the Board did have the unlawfully disclosed contents of the HRS file at the time of its decision, there was no evidence presented at the hearing that the file contained any facts evidencing any misconduct by the Respondent other than those facts known by the Superintendent when she issued her official letter of reprimand. In fact, when Martin was asked at the meeting to elaborate on the facts in the HRS file, other than those facts known by the Superintendent at the time she issued her official letter of reprimand, that the Board considered in making its decision to suspend the Respondent without pay, he declined to answer on the basis of the HRS file being confidential. Yet, Martin's testimony was that the information in the HRS file was a "significant factor" in the determination by the Superintendent and the Board to effect the suspension without pay of the Respondent. Apparently, the only additional fact known by the Board at its February 13, 1990 meeting was that HRS had reached "a confirmed finding of sexual abuse" in regards to the Respondent's conduct and that fact was a significant factor in its determination to suspend Respondent. In the late summer of 1990, Martin recommended to the Superintendent that Respondent be reinstated, but assigned to a position that did not involve student contact. The Superintendent made such recommendation to the Board, and the Board, acting on the Superintendent's recommendation, reinstated Respondent at the beginning of the 1990/91 school year but declined to award back pay. The Respondent was assigned to work with an adult school. Subsequently, the Respondent voluntarily resigned his position with the Board, and accepted a position with South Florida Community College. Martin's recommendation to reinstate the Respondent was based on the following: (a) the Respondent being on a continuing contract and nothing being done to terminate this continuing contract; (b) the resolution of the allegations made against Respondent by HRS and PPS were taking longer than anticipated; and (c) the indication that Martin had from the school board attorney that the "confirmed" report of abuse would most likely be reclassified downward, and, as such, would not warrant terminating Respondent's continuing contract. On May 8, 1991, a final order was entered by HRS in the child abuse case involving the Respondent, granting the Respondent's request for expunction, and reclassifying the report from "confirmed" to "unfounded". The final order was the result of HRS adopting a recommended order of the Hearing Officer from the Division of Administrative Hearings who had conducted a formal evidentiary hearing in the child abuse case on February 19, 1991. The PPS commenced its proceedings on June 27, 1990 by filing an administrative complaint against the Respondent, and concluded those proceedings before the Educational Practices Commission with a final order dated May 20, 1991 adopting a settlement agreement dated February 19, 1991. The Respondent chose not to contest the allegation in the administrative complaint, and neither the settlement agreement nor the final order make any findings of wrongdoing against the Respondent. As a result of the PPS action, the Respondent received a reprimand to be placed in his personnel file and his certification file, and upon re- employment in the education profession in Florida, in a position which requires state certification, to be placed on probation for a period of three years under conditions set out in the agreement. Notwithstanding Martin's understanding that Respondent's teaching certificate was suspended for short period (2-3 weeks), the Respondent's teaching certificate was never suspended for any period of time, and no action was taken which deprived the Respondent of his ability to continue teaching in the public school system of Florida. N.S. was a minor female student at Sebring High School, and a member of Respondent's peer counseling class during the 1988/89 school year (S/Y) and the fall semester of 1989/90 S/Y. Often, during the time N.S. was in Respondent's class, Respondent would give her an affectionate hug or squeeze, and would give her a kiss or peck on the cheek, forehead, or the back of the head, and whisper such things in her ear as "love you" or "you're sweet" or "you're pretty" or "you're sexy". There were occasions when Respondent was whispering in N.S.'s ear that his lips brushed against her ear. When Respondent was hugging, whispering or making remarks to N.S. it was always in the presence of staff or students in a public area of the school such as the hallway, classroom or guidance area, but never in private or off campus. Although N.S. testified that Respondent's behavior made her uncomfortable, she did not ever ask Respondent to stop or tell him or anyone else that his behavior made her feel uncomfortable. J.N.A. was a minor female student at Sebring High School, and a member of Respondent's peer counseling class during the 1988/89 S/Y and 1989/90 S/Y. Basically, J.N.A. experienced the same type of behavior from Respondent as did N.S. as set out in Finding of Fact 25, and likewise, did not ever tell the Respondent to stop or that his behavior made her feel uncomfortable. As with N.S., the incidents with J.N.A. always occurred in the presence of staff or other students in the public areas of the school, but never in private or off campus. Y.W. was a female student at Sebring High School, and a member of Respondent's peer counseling class during the fall semester of the 1989/90 S/Y. On one occasion, while Y.W. was standing next to Respondent in the class where other students were present, Respondent asked Y.W. to sit on his knee and talk about a problem, and after some protest N.S. sat on his knee. Although Y.W. considered Respondent as a "father-figure", this made her uncomfortable because it was not usual for her to sit on her father's or grandfather's lap. Y.W. also testified that Respondent probably kissed her on the cheek one time as he did with all his students, but found nothing unusual about this. There was no evidence that Respondent made any sexual overtures to any student or touched any of the females on their breasts, inner thighs, genital areas or buttocks. Clark came to Sebring High School as assistant principal at the beginning of 1988/89 S/Y (having completed three years as assistant principal at the end of the 1990/91 S/Y), and observed the Respondent exhibiting behavior similar to that expressed by N.S. and J.N.A. through late November or early December 1989 (about a year and a half). Although Clark considered Respondent's behavior as being inappropriate, enough so that she counselled her daughter not to go near him, she never told him he should stop or counsel him as to her views on his behavior even though she was his supervisor. In fact, Clark did not report the Respondent's behavior to Bible until after the beginning of the 1989/90 S/Y, sometime around November, and again when N.S. and J.N.A. came to her in late December 1989 and early January 1990. After Clark advised Bible on the first occasion around November 1989, Bible had an informal conference with the Respondent. Although Clark did not sit in on this conference she heard the tail end of the conversation between Bible and Respondent wherein Bible told Respondent "you can't do that" or "it doesn't look right" or "people will misinterpret it". Carolyn Shoemaker, guidance secretary, Sebring High School, observed Respondent exhibiting behavior similar to that expressed by N.S., J.N. and Clark, which she considered inappropriate, for about the same period of time as Clark, but she never expressed to the Respondent that he should stop or that his behavior was inappropriate. However, she did report it to Clark and Bible. Natalie Smith, Chairman, Guidance Department, Sebring High School, observed Respondent exhibiting similar behavior as that expressed by N.S., J.N.A., Clark and Shoemaker, which she considered inappropriate, for about the same period of time as Clark and Shoemaker. Although Smith was head of the department where Respondent worked, and felt this behavior to be inappropriate, she did tell him to stop or express her views on this behavior with Respondent. Smith remembers telling Bible about Respondent's behavior, but doesn't recall when she told Bible. Until Respondent's informal conference with Bible referred to in Finding of Fact 30 and the January 8, 1990 letter of reprimand, the Respondent was never disciplined, counselled or otherwise directed to refrain from his affectionate interaction with students. The Respondent's suspension without pay by the Board in February 13, 1990 was premised on the same facts and conduct which had resulted in the January 8, 1990 letter of reprimand being issued to the Respondent by the Superintendent. While the Respondent may have used poor judgment in his method of establishing rapport with the some 400 students in any given year for which he had counseling responsibilities, and his conduct may have been inappropriate under the circumstances, his conduct as established by the substantial competent evidence in the record does not rise to the level of being so serious as to impair the Respondent's effectiveness in the Highlands County School system, notwithstanding the opinion of both Clark and Smith to the contrary.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, RECOMMENDED: That the Board enter a Final Order rescinding the Respondent's suspension, reimbursing him for any pay lost as a result of the suspension, and restoring any benefits that the Respondent may have lost as a result of the suspension. DONE and ENTERED this 31st day of July, 1991, in Tallahassee, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of July, 1991. APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 90-3758 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on the Proposed Findings of Fact submitted by the parties in this case. Specific Rulings on Proposed Findings of Fact Submitted by the Petitioner 1. Each of the following proposed findings of fact are adopted in substance as modified in the Recommended Order. The number in parenthesis is the Finding(s) of Fact which adopts the proposed finding of fact: 1(1); 2(4,5); 3(5,6); 4(7); 5(7,8); 6(10,11); 7(12,15); 8(18,19); 9(25,26); 10(27); 11(28); 12(30); 13(31); 14(32); 15(21,22,23,24). Specific Rulings on Proposed Findings of Fact Submitted by the Respondent Each of the following proposed findings of fact and adopted in substance as modified in the Recommended Order. The member in parenthesis is the Finding(s) of Fact which so adopts that proposed finding of fact: 1(2); 2(3); 3(4); 4(5); 5(5); 6(7); 7(8); 8(8); 9(9); 10(10); 11(16,17,34); 13(11); 14(12); 15(13); 16(13); 17(14); 18(15); 19(16); 20(17); 21(17); 22(20); 23(20); 24(21); 25(22); 26(23); 27(24); 28(18,19); 29(18); 30(34); 31(25,27,28); 32(30); 33(30); 34(25, 27); 35(33,9); 36(29). Proposed findings of fact 12 and 37 are unnecessary or subordinate. Copies furnished to: Donald H. Wilson, Esquire P.O. Box 1578 Bartow, FL 33830 Ronald G. Meyer, Esquire P.O. Box 1547 Tallahassee, FL 32302 Ruth E. Handley, Superintendent Highlands County School Board 426 School Street Sebring, FL 33870 Honorable Betty Castor Commissioner of Education Department of Education The Capitol Tallahassee, FL 32399-0400
The Issue Whether Petitioner's application for licensure as a Community Association Manager by Examination should be granted.
Findings Of Fact When Petitioner was 20 years old, he and a group of other young adults stole approximately $15 worth of chrome off of a car in a used car lot. Petitioner was arrested on November 11, 1983, by the Deland, Florida, Police Department. On February 1, 1984, Petitioner appeared in Volusia County Court and pled guilty to "Petit Theft" under Section 812.014(3)(a), Florida Statutes. This offense is a second degree misdemeanor punishable as provided in Sections 775.082 or 775.083, Florida Statutes. The court withheld adjudication of guilt, placed Petitioner on six months' probation and assessed Petitioner $75 in costs. Petitioner was again arrested on March 12, 1993, by the Daytona Beach Shores, Florida, Police Department. Petitioner was charged with "Driving Under the Influence of Alcohol." Section 316.193, Florida Statutes, does not equate "Driving Under the Influence of Alcohol" with either a felony or a misdemeanor until the fourth conviction. Petitioner appeared in Volusia County Court on May 11, 1993, and pled nolo contendere to the lesser charge of "reckless driving," under Section 316.192, Florida Statutes. Florida Department of Law Enforcement documents created at the time list this charge as a first degree misdemeanor. In actuality, the offense of "reckless driving" is grouped under the "State Uniform Traffic Control" statutory Chapter. Without specifying whether or not "reckless driving" constitutes a felony or misdemeanor, Subsection 316.192(2)(a) provides that upon a first conviction of reckless driving the offender shall be punished by imprisonment for a period of not more than 90 days or by a fine of not less than $25 nor more than $500, or by both. The court adjudicated Petitioner guilty of "reckless driving" and assessed $300 in fines and costs. Petitioner's sentence fits the statutory category of a "first conviction," so it is concluded that this was his first reckless driving offense. There also is no evidence of any other traffic offenses committed by Petitioner. The statutory trail of "reckless driving" runs through Sections 316.192, 322.291, 318.17, and 921.0012, and the undersigned has been unable to determine that a first offense under Section 316.192 constitutes either a misdemeanor or a felony. Sections 775.04 and 775.08(2), Florida Statutes, suggest that a first offense of "reckless driving" is neither a crime nor a misdemeanor. From this information, it is concluded that there is no affirmative proof that Petitioner was convicted of a first degree misdemeanor. It is further concluded that there is no presumption created by his plea of nolo contendere to the reckless driving charge that Petitioner lost his civil rights. On February 10, 1997, Petitioner submitted an application for licensure by examination to become a Community Association Manager. Prior to his application for licensure, Petitioner had been the subject of an investigation by the Respondent Department for the unlicensed practice of community association management. As a trusted maintenance man for the same employer for over nine years, Petitioner had been trusted with money, with purchasing supplies and with doing maintenance work. He had acquitted himself honestly and honorably. Petitioner and his employer believe that the investigation arose out of a complaint that Petitioner also was giving instructions to other maintenance personnel or advising tenants, which arguably constitutes an element of the practice of Community Association Managment. They believe that the complaint was made by a rival condominium owner and/or by a resident manager whom the employer terminated. The investigation has been abated pending the instant application licensure proceeding. The application submitted by Petitioner contained the following question regarding the applicant's criminal history: Have you ever been convicted or found guilty of a felony or misdemeanor, entered a plea of guilty or nolo contendere (no contest) to a felony or misdemeanor? Yes ( ) No ( ). This question applies to any violation of the laws of any state, territory, or country without regard to whether the matter is under appeal or you were placed on probation, had adjudication withheld, were paroled or pardoned. If you answer "NO" and it is later determined that the records have not been sealed or expunged, it will be considered that you knowingly provided inaccurate information on this application. Petitioner marked the space for "No," and submitted no history of his offenses and pleas with his application. On March 12, 1997, the Agency notified Petitioner that his application was deficient because the 1983 and 1993 arrests and case dispositions were not fully disclosed and documented on his application. He was given 60 days in which to submit the required information, which he did. On May 28, 1997, Respondent sent Petitioner its Intent to Deny Community Association Manager's Application for Licensure by Examination for failure to establish good moral character as required by Section 468.433, Florida Statutes. Petitioner explained that he thought the withholding of adjudication on the second degree misdemeanor guilty plea charge meant it was erased and need not be revealed. Although Petitioner conceded that no one told him adjudication was withheld on his 1993 reckless driving charge, he first testified that somehow he initially assumed that adjudication had been withheld. The remainder of his testimony, together with Petitioner's Exhibit 1, are construed to prove that, prior to Petitioner's completion and submission of his application for licensure in January of 1997, Petitioner had been informed that adjudication of guilt had not been withheld on his 1993 plea of nolo contendere to the charge of reckless driving, because the charge and conviction had shown up in a computer check when he tried to insure a new car prior to his professional licensure application. While testifying at formal hearing, Petitioner initially stated that he had not fully read the application question concerning any criminal record. Then, he represented that he had not fully comprehended it. Finally, he said he thought the 1993 conviction constituted a traffic offense and was not a misdemeanor. Based on the difficulty of determining the classification of the 1993 conviction, the undersigned concludes that Petitioner did not willfully withhold that information, and need not have disclosed it as the application question was drafted. The question is ambiguous in first requesting information about nolo contendere pleas to felonies or misdemeanors and then adding "violation of the laws" as an afterthought. Petitioner has not had any criminal charges or traffic offenses lodged against his record since 1993. Petitioner has never been the subject of any civil law suit involving fraud, dishonesty, misrepresentation, or concealment of material facts. Petitioner is highly respected by his direct supervisor and one of the owners of the buildings he maintains, both of whom testified to Petitioner's veracity, trustworthiness, and good moral character spanning 1988 through the date of formal hearing.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Agency enter a Final Order permitting Petitioner to sit for the examination. RECOMMENDED this 6th day of January, 1998, in Tallahassee, Leon County, Florida. ELLA JANE P. DAVIS 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 Filed with the Clerk of the Division of Administrative Hearings this 6th day of January, 1998. COPIES FURNISHED: Edward D. Broyles, Executive Director Department of Business and Professional Regulation Division of Professions Regulatory Council of Community Association Managers Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399 Lynda Goodgame, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 R. Michael Kennedy, Esquire Kennedy & Pyle 687 Beeville Road, Suite A South Daytona, Florida 32119 Thomas G. Thomas Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact Timothy M. Gray applied for an instructional position with the Pinellas County School Board in May 1984 and accepted an annual contract to teach at Safety Harbor Middle School for the school year starting in the fall of 1984. He taught a course to eighth grade classes called Power and Transportation, which is predominantly a shop course. Gray was certificated to teach industrial arts in 1980. The charges involved in these two cases stem from inappropriate remarks Gray allegedly made to various students in his class or in the school. Gray denies making the improper remarks attributed to him. Specifically, Respondent is alleged to have made inappropriate remarks of a sexual nature to Paul Bartolo and Mark Fulghum while driving them home from a school detention period that caused them to miss their bus. Respondent admits that he gave these 14- and 15- year-old boys a ride home after their detention. He lived in the same direction as the two boys and giving them a ride home was not out of his way. Both of these boys were discipline problems. During the school year Paul served about 15 detentions and was suspended twice. Both were in Respondent's Power and Transportation class and both had been placed on detention by Respondent. During the ride home Paul was in the front seat of Respondent's car and Mark was in the rear seat. Both boys testified that during the ride home an extensive conversation ensued and that Respondent, after answering a question regarding his marital status in the negative, continued with he liked snatch. Respondent admits the conversation and his attempts to reach these boys to improve their attitudes toward school but denies ever using the word "snatch." During discussions with girls on the school bus and at school regarding Respondent and his comments, Paul and Mark told the girls that Respondent said he liked snatch. At this time a lot of rumors were being circulated among the eighth graders in Respondent's classes about the way he looked at them and comments he had made they deemed inappropriate. The prime mover of this group was Dana Shaver, who testified only by deposition in these proceedings. Dana urged Paul and Mark to report Respondent's remarks to the principal. In a deposition (Exhibit 1) Dana testified that Gray had seen her at the beach over the weekend and told her in class Monday that he had seen her at the beach in her bikini and that she did not have much of a tan for a beach girl. This embarrassed Dana and she hung her head and did not hear Respondent say she would look better without it (bikini) on. This was later reported to Dana by an anonymous girlfriend. Respondent admits he saw Dana and another girl at the beach but denies saying anything more to her than she did not have as good a tan as he did. Dana's parents requested she be moved from Respondent's class in Power and Transportation (which she did not like) because of her being "embarrassed" by Respondent. Evidently, no embarrassment was involved discussing use of the word "snatch" with boys in her class. Kera Lampman is a bright 13-year-old who was in Respondent's Power and Transportation class. She testified that Respondent told her she had a nice butt and that she could get straight A's in his class. Respondent denies ever using the word "butt" to Kera but does not deny the remarks about her grades as Kera is a straight-A student. Respondent also testified that he was trying to get Kera moved to a more challenging class when he was suspended. Alissa Lanier, a 14-year-old student at Safety Harbor Middle School, testified that while walking from the bus drop to the entrance door immediately before classes started in the morning she heard someone say, "You've got a nice ass." When she turned around she saw Respondent some 20 feet away. She had never talked to Respondent, was not in his class, and testified Respondent was the only person on the ramp besides her. Respondent not only denies making such a remark but also testified that he frequently has bus ramp duty before school starts and he has never been in the area between the bus stop and school entrance doors shortly before school was due to start when the area was not crowded with students. The testimony that this area would be crowded immediately prior to school starting is deemed more credible. Respondent's denial that he made any comment to any girl he did not even know is more credible than is the testimony that this remark was heard from someone 20 feet distant in the bus ramp area immediately prior to school starting. Shelly Evans, a 14-year-old girl in Respondent's class heard Respondent say he had seen Kera and Dana at the beach and they looked great in their bikinis. During the period when others were reporting Respondent's actions she too reported this comment to the principal. One witness testified that Respondent looked at her in a strange way in class; that it appeared to her that he was staring. Such discussion and remarks including comments about bodies were being circulated among students at Safety Harbor Middle School and was brought to the attention of the principal who interrogated some of the students. The principal was told substantially what was testified to at these proceedings. During the investigation which followed Respondent denied using the words "snatch," "butt," or "ass," while talking to any of the students. Respondent, before coming to Safety Harbor Middle School, had worked in a Y conservation program involving young men. This age group was doubtless older than the 13-15 year olds in the eighth grade class Respondent taught at Safety Harbor Middle School and were less impressionable than eighth grade students. Hearing from one of her teachers that rumors were going around the school regarding Gray's language in the presence of students, Mrs. Raymond, Principal of Safety Harbor Middle School obtained the name of one or more students reported to be aware of such language and called them into her office. After obtaining statements from these students, who appeared as witnesses in these proceedings, Mrs. Raymond confronted Gray, who denied making inappropriate comments. Nevertheless, she recommended his immediate suspension with pay pending the next meeting of the School Board, who was authorized to suspend Gray without pay. Upon her recommendation, Gray was immediately suspended.
