The Issue The issues in the case are whether the allegations set forth in the Administrative Complaint filed against the Respondent are correct, and, if so, what penalty should be imposed.
Findings Of Fact At all times material to this case, the Respondent was a Florida teacher, holding Florida Educator's Certificate No. 744199 (covering the area of elementary education) valid through June 30, 2001. By Final Order issued by the Education Practices Commission of the State of Florida and dated September 6, 2000, the Respondent was reprimanded and placed on two-years' probation for falsification of an employment reference and for falsely claiming to have received a Florida Educator's Certificate. At all times material to this case, the Respondent was employed as a teacher at Eastside Elementary School in the Polk County School District. During the 2000-2001 school year, the Respondent engaged in inappropriate and unprofessional conduct directed towards supervisors and colleagues. On one Friday during the 2000-2001 school year, the Respondent's classroom was impacted by a bathroom leak. The room was cleaned and no odor remained by the following Monday. Nonetheless, the Respondent insisted that her class be moved to a different classroom upon her return and school officials complied. The room to which the class was moved had been used as a "fifth grade resource room" by another teacher, who offered to move the materials in the resource room before the Respondent's class moved in, but the Respondent declined to allow the teacher to retrieve the materials. Subsequently, the materials moved by the Respondent were moved in a haphazard manner, and other resource room materials were discovered strewn about the room. The resource room teacher eventually had to retrieve additional boxes of classroom and personal materials from the resource room after occupation by the Respondent. Even after the move, the Respondent complained of offensive odors in the room. There is no evidence that any odors were related to the bathroom leak that precipitated the move. There is evidence that the odors emanated from a small refrigerator the Respondent kept in the classroom. On one occasion, the Respondent physically confronted a colleague by blocking an office doorway and refusing to permit the colleague to pass. When the colleague attempted to avoid having to pass through the blocked doorway, the Respondent followed the colleague and demanded to speak with her. Eventually the colleague walked to her classroom and attempted to lock the classroom door to prevent the Respondent from entering, but the Respondent grabbed the door-handle and forced her way into the colleague's classroom. The evidence fails to establish why the Respondent was insistent on confronting and conversing with the colleague. On several occasions, the Respondent reached into her dress, grasped her breast, and threatened to "squirt breast milk" at colleagues. On one occasion, she exposed her breast to colleagues when making the threat. When the school's "teacher of the year" was chosen, the chosen teacher received a gift of a dozen roses from the school. The Respondent immediately asked the teacher for one of the roses, and the teacher declined the request. The Respondent then pulled one of the roses from the bouquet and engaged in a verbal confrontation with the teacher in front of students. Several days later, the Respondent returned the rose, which had turned black, to the teacher. At another time, the Respondent engaged in a confrontation with the "teacher of the year" following a joint presentation to parents and students. The Respondent apparently was unhappy with the teacher's participation in the program and began yelling in the lunchroom at a volume sufficient to gain the attention of others in the room. The Respondent engaged in yet another confrontation with the "teacher of the year" when the Respondent insisted that the two examine a manual related to a reading program implemented in the school, ostensibly to establish that the Respondent was teaching the program correctly and that the other teachers were teaching incorrectly. During the confrontation and in the presence of students, the "teacher of the year" declined to engage in conversation with the Respondent who then grabbed the teacher's arm and insisted that the two go to the school office to continue the discussion. The Respondent's behavior intimidated and influenced the "teacher of the year" sufficiently to have led to the teacher's decision to retire from teaching at the school. The Respondent verbalized vague threats towards other school staff at various times. For reasons unknown, telephone calls from the Respondent's mobile phone were placed to colleagues and supervisors, but when they answered the calls, the caller would not speak and would hang-up the phone. At one point, the Respondent engaged in calls to the school principal wherein the Respondent would scream and use profanity in the conversation with the principal. The Respondent frequently failed to supervise her students in the mornings and following the lunch period. The school's principal discussed the matter with the Respondent on more than on occasion and documented the discussions with correspondence. The Respondent's behavior towards supervisors and colleagues made them concerned about their personal safety, and some contacted law enforcement officials about their concerns. Based on their concerns, school officials eventually relieved the Respondent of her duties and asked her to vacate the facility. After the Respondent was asked to leave the school, her classroom was discovered strewn with materials. The inappropriate and unprofessional behavior of the Respondent towards supervisors and colleagues has severely reduced her effectiveness as a teacher.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Jim Horne, as Commissioner of Education, enter a Final Order permanently revoking the teaching certificate of Freda N. Sherman-Stevens. DONE AND ENTERED this 26th day of September, 2003, 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 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 26th day of September, 2003. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399 Freda N. Sherman-Stevens 7154 North University Drive, Suite 88 Tamarac, Florida 33321 Bruce P. Taylor, Esquire Post Office Box 131 St. Petersburg, Florida 33731-0131 Daniel J. Woodring, General Counsel Department of Education 325 West Gaines Street 1244 Turlington Building Tallahassee, Florida 32399-0400 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400
The Issue Should Petitioner impose discipline on Respondent's Florida Educator's Certificate No. 843208, covering the area of English, based upon the allegations in the Administrative Complaint, Case No. 023-1821-R, before the State of Florida Education Practices Commission?
Findings Of Fact The Respondent holds Florida Educator's Certificate No. 843208, covering the area of English, which is valid through June 30, 2003. At all times pertinent hereto the Respondent was employed as an English teacher at Philip Randolph Academy School (Randolph Academy), in the Duval County School District.1 J.L.J. was a female student at Randolph Academy in the school year 2002-2003. Her date of birth is October 29, 1987. She was familiar with Respondent when he taught there. J.L.J. had conversations with Respondent over time, conversations in which Respondent would ask her questions she deemed inappropriate and would follow with comments that she found unacceptable. As will be revealed, her perceptions about Respondent's conduct were correct. Most of the conversations complained of took place in the hallway or in a teacher's classroom. They made J.L.J. feel uncomfortable. The conversations were in the presence of other students and J.L.J. was embarrassed for that reason. One example of the conversations took place on a day when J.L.J. wore medical scrubs to school. Respondent commented that J.L.J. should not wear the scrubs because he could not see her curves. This is taken to mean that he was commenting on the shape of J.L.J.'s body. On other occasions Respondent would comment on J.L.J.'s attire. He would tell her that she should not wear a certain "outfit" because it made her look a certain way or didn't make her look a certain way. At one point in time at school Respondent asked J.L.J. if she had "black in you." Respondent followed his question by commenting that he had asked her that because J.L.J. was "shaped like a black girl." Respondent told J.L.J. that she was "sexy." He told her that her "butt" was big and that it was sexy. Respondent commented about J.L.J.'s hair and make-up. He would suggest to her certain ways that her hair should be styled and how her make-up should be presented. At a point in time, J.L.J. asked Respondent to leave her alone, referring to his remarks about her appearance. For a couple of days Respondent made no further comments but he began to act the same way that he had before in relation to comments about J.L.J.'s body, specifically her "butt" and her hair. E.S.H. was another female student at the Randolph Academy in the school year 2002-2003. Her date of birth is August 7, 1987. Respondent was her teacher. Respondent had conversations involving J.L.J. and E.S.H. on an almost daily basis. As had been identified by J.L.J., these conversations took place in the hallways and in a teacher's classroom. The substance of the conversations to which E.S.H. was privy, coincide with those recounted by J.L.J. and were principally directed to J.L.J. concerning J.L.J.'s hair, face, and overall appearance. E.S.H. was there when Respondent commented about the scrubs worn by J.L.J. She recalls Respondent saying that J.L.J. should not wear the scrubs because they made J.L.J. look like everyone else and did not show her shape, her curves. J.L.J. complained to E.S.H. about these remarks when Respondent walked away from that conversation. As E.S.H. recalls, J.L.J. and E.S.H. went to Respondent and complained about the comments that he made to J.L.J. concerning J.L.J.'s appearance. Respondent apologized but he also said that if the two female students went to the principal to complain that it would be his word against theirs. E.S.H. explained that about two days later J.L.J. came to her complaining about Respondent. This agrees with J.L.J.'s recollection of the place and time in which Respondent returned to his habit of making inappropriate comments about J.L.J. E.S.H. overheard Respondent comment to J.L.J. about J.L.J.'s "butt" and how it was getting big, and how that it was shaped like a "black girl." If J.L.J. were wearing certain clothes, Respondent would ask J.L.J. if her body was spreading because to him it looked as if J.L.J.'s "butt" was getting bigger. Those remarks were overheard by E.S.H. E.S.H. was also present when Respondent commented about J.L.J.'s face and her make-up, whether it was too much, or whether not enough time had been spent by J.L.J. applying make- up that morning. These encounters between Respondent and J.L.J. left E.S.H. with the impression that Respondent was attracted to J.L.J. Disciplinary History There is no indication that Respondent has been subjected to prior discipline.
Recommendation Based upon the Findings of Fact and Conclusions of Law reached, it is RECOMMENDED: That a Final Order be entered which finds Respondent in violations of Counts 2 through 5, dismisses Count 1, and suspends Respondent's Educator's Certificate for a period of 30 days. DONE AND ENTERED this 28th day of June, 2004, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 28th day of June, 2004.
