The Issue The issues for determination are: (1) did the Alachua County School Board (“the School Board”) commit an unlawful employment practice by discriminating against Petitioner on the basis of a disability; and (2) did the School Board subject Petitioner to a hostile work environment.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: Ms. Hines-Penny graduated cum laude from the University of Florida with a minor in Human Services and a Bachelor’s Degree in Family, Youth, and Community Science. She graduated from the University of Central Florida with a Master’s Degree in Social Work and is certified in Family Life Education. Her work experience includes three years of clinical counseling in the field of social work. Ms. Hines-Penny developed epilepsy after her head hit a steering wheel during a car accident in 2015. Rather than experiencing uncontrollable muscle spasms, Ms. Hines-Penny’s seizures leave her in a catatonic state for a few minutes. Those seizures may be triggered by stress, insufficient sleep, and/or low blood sugar. Medication limits the frequency of the seizures but does not eliminate them. Ms. Hines-Penny has a drivers’ license but does not drive. When fatigued, she attempts to arrange her work schedule so that she is doing paperwork rather than working with people. Ms. Hines-Penny was 33 years old when she became a full-time School Board employee in August of 2018, and joined the System of Care (“SOC”) supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.”). program, a grant-funded program that connects at-risk students with service organizations within the local community. Ms. Hines-Penny began the 2018-2019 school-year as the new SOC social worker at Idylwild Elementary. At this point in time, Ms. Hines-Penny had not disclosed to the School Board that she suffered from epilepsy. After working at Idylwild Elementary for two weeks, Ms. Hines-Penny experienced a seizure in her office on August 23, 2018, that left her in a catatonic state for two to three minutes. Coworkers present at the time later relayed to her that she said “mommy” and sucked her fingers and/or thumb. Ms. Hines-Penny had recovered by the time paramedics arrived. She accompanied them to the ambulance and disclosed to them that she had epilepsy. After taking her vitals, the paramedics determined that Ms. Hines- Penny did not require hospitalization. One of the paramedics may have reported to an Idylwild Elementary administrator that Ms. Hines-Penny suffered a seizure. Rather than notifying her SOC program supervisor, Ms. Veita Jackson-Carter, that she had epilepsy, Ms. Hines-Penny merely disclosed that she had a medical condition. Ms. Hines-Penny began experiencing harassment from some of her coworkers at Idylwild Elementary. A fellow staff member in the school’s front office would enter Ms. Hines-Penny’s office, lick his fingers, and say “mommy.” She perceived this as his attempt to mimic her behavior during the August 23rd episode. 2 In addition, Ms. Hines-Penny overheard co- workers making disparaging remarks about her. She reported this to Ms. Jackson-Carter and Idylwild Elementary’s vice-principal, but the harassing conduct continued. Ms. Hines-Penny had a doctor’s appointment on approximately September 20, 2018, and her physician recommended that Ms. Hines-Penny 2 Ms. Hines-Penny could not specify how often this particular co-worker engaged in such behavior. She testified that it occurred often enough for her to complain about it. tell her co-workers that she had epilepsy. However, Ms. Hines-Penny decided against doing so because she feared the harassing conduct would get worse. Ms. Hines-Penny had another seizure on October 2, 2018, when she was in a classroom and speaking privately with a teacher. She reached under the two shirts she was wearing, removed her bra, and then removed her top shirt. Ms. Hines-Penny left the classroom for a short period of time and then returned. Upon regaining her senses, Ms. Hines-Penny apologized to the teacher and went to the bathroom to collect herself. The principal, the school resource officer, and the school nurse had arrived by the time Ms. Hines-Penny left the bathroom. They walked her back to her office and contacted Ms. Jackson-Carter. Ms. Jackson-Carter drove Ms. Hines-Penny to the emergency room at Shands Hospital, where the medical staff confirmed that she had experienced a seizure. The medical staff also determined that she could return to work and released her that same day. The next morning, Ms. Hines-Penny provided Ms. Jackson-Carter with a document from Shands Hospital stating she had been treated. However, Ms. Hines-Penny did not disclose her condition to Ms. Jackson-Carter. Due to concerns associated with her seizures, Ms. Hines-Penny was put on administrative leave with pay. The School Board’s Human Resources Department notified Ms. Hines- Penny that she needed to undergo a Fitness for Duty evaluation, a review by a healthcare professional to ascertain whether a school board employee is able to perform a position’s essential functions with or without reasonable accommodations.3 3 The School Board’s policy manual describes a Fitness for Duty evaluation as follows: “If the Superintendent believes an instructional staff member is unable to perform essential functions of the position to which the staff member is assigned, with or without reasonable accommodations, the staff member will be offered the opportunity for a meeting to discuss these issues. The Superintendent may require an instructional staff member to submit to an appropriate examination by a health care provider designated by the Board to determine whether or not the staff member is able to perform essential functions of the position to Ms. Hines-Penny reported to a School Board contractor on October 10, 2018, for her Fitness for Duty evaluation and underwent medical tests, including a drug analysis and a basic physical examination. Dr. Scott Wilson of SIMEDHealth wrote the following memorandum to the School Board: Based on review of medical records and the Fit for Duty evaluation, Ms. Hines-Penny has a form of epilepsy that manifests itself with brief episodes of blank gaze that lasts a short time. The recent episode of October 2, 2018 was a drastic episode of her seizure disorder that occurred due to a problem with her seizure medication. Now that her medication has been adjusted and she is taking it correctly, she should be fit to return to her regular duties. It was recommended that Ms. Hines-Penny tell her school nurse and at least one administrator at her school about her medical condition and the plan that her and her Neurologist have for any occurrence of her seizures. It was also recommended that Ms. Hines-Penny discuss with her Neurologist about the possibility of wearing an alert bracelet regarding her seizures. It is also important for Ms. Hines-Penny to take her medication as prescribed and try to eat well and get proper sleep to prevent any occurrences of her seizures. If there are further episodes like the most recent one on October 2, 2018, we will have to revisit her fitness to perform her duties and continuing to work with children. which the staff member is assigned, with or without reasonable accommodations. The Board shall pay any uninsured fees for such examinations. The staff member will be required to execute a release that complies with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) in order to allow the report of the medical examination to be released to the Superintendent and to allow the Superintendent or his/her designee to speak to the health care provider who conducted the medical examination in order to get clarification. Refusal to submit to an appropriate examination or to execute the HIPAA release will be grounds for disciplinary action in accordance with the terms of the applicable collective bargaining agreement.” At some point following the Fitness for Duty evaluation, Ms. Hines- Penny met with Rick Jamison of the School Board’s Risk Management department. She described the harassment she experienced at Idlywild Elementary and asked to be assigned to a different school. Ms. Hines-Penny believed that this meeting led to an agreement between herself and Mr. Jamison, requiring him to notify Idylwild Elementary’s school nurse of Ms. Hines-Penny’s epilepsy. Ms. Hines-Penny would provide similar notice to the school’s principal. According to Ms. Hines-Penny, this agreement required the school nurse or the principal to assist Ms. Hines-Penny if she were to suffer another seizure. Ms. Hines-Penny agreed to leave work for the rest of the day following a seizure. Ms. Hines-Penny experienced another seizure in December of 2018 while meeting in her office with a mental health counselor. When Ms. Hines- Penny became catatonic, the counselor alerted the school nurse. After Ms. Hines-Penny recovered, it became readily apparent that the school nurse had not been apprised of Ms. Hines-Penny’s epilepsy because she refused to allow Ms. Hines-Penny to leave the office. The school resource officer arrived and also barred Ms. Hines-Penny from leaving. Ms. Hines-Penny became frustrated that the agreement she had reached with Mr. Jamison was not being followed. Ms. Hines-Penny managed to call the Risk Management unit and was told that someone was on the way. While Ms. Hines-Penny waited for Risk Management to arrive, she unsuccessfully attempted to get the principal and school nurse to follow the agreement she and Mr. Jamison had formulated. Ms. Hines-Penny was then escorted to the school resource officer’s office. The resource officer’s supervisor arrived on the scene, declared that Ms. Hines-Penny was “mental,” and decided to have her Baker Acted. By the time Mr. Jamison arrived, Ms. Hines-Penny was in tears and telling him that their agreement had not been followed. Mr. Jamison told her there was nothing he could do because the school resource officer and her supervisor worked for the sheriff’s office rather than the school board. Ms. Hines-Penny was then escorted outside, placed in the back of a patrol car, and transported to a mental health facility. Ms. Hines-Penny was at the mental health facility for no more than one day. After her release, Ms. Jackson-Carter notified Ms. Hines-Penny that the School Board wanted to transfer her to the Manning Center, an office building housing the School Board’s administrative personnel. While Ms. Hines-Penny would still be with the SOC program, she would no longer be working with students or their families. Instead, her duties would include tasks such as data mining and report preparation. Ms. Hines-Penny initially objected to being relocated but ultimately acquiesced. The transfer occurred in December of 2018. In January of 2019, Ms. Hines-Penny was transferred to another unit within the Manning Center. While she was still a social worker, she was now working with private and charter schools. Ms. Hines-Penny had no more seizures following her transfer to the Manning Center, but she was dissatisfied with her new supervisor, Jennifer Taylor. Ms. Hines-Penny asserts that Ms. Taylor did not meet with her as frequently as she met with her other subordinates. Ms. Hines-Penny also asserts that she was excluded from training received by her co-workers. According to Ms. Hines-Penny, Ms. Taylor made disparaging remarks to her such as: “why are you not thinking,” “you’re a little brain,” and “what is wrong with you.” Furthermore, Ms. Taylor was supposedly unwilling to consider Ms. Hines-Penny’s comments when writing the latter’s performance evaluation. Toward the end of the 2018-2019 school year and after she filed her Complaint of Discrimination with the Commission, Ms. Hines-Penny learned that the School Board was not going to retain her. Because she was on probationary status, Ms. Hines-Penny could be non-renewed without cause. Ultimate Findings In her Complaint of Discrimination, Ms. Hines-Penny alleges she was the victim of an illegal employment practice when she was involuntarily committed in December of 2018. However, the testimony demonstrates that employees of the sheriff’s office, rather than School Board employees, were responsible for the decision to have Ms. Hines-Penny Baker Acted. Moreover, the preponderance of the evidence does not demonstrate that the personnel at Idlywild Elementary were discriminating against Ms. Hines-Penny because of her epilepsy. As discussed above, Ms. Hines-Penny did not disclose her condition to anyone associated with the School Board until her Fitness for Duty Evaluation and her meeting with Mr. Jamison of Risk Management. In addition, Ms. Hines-Penny did not present any persuasive evidence demonstrating that School Board employees without disabilities received more favorable treatment. As for her hostile work environment claim, Ms. Hines-Penny’s Complaint of Discrimination alleged that she was the victim of a hostile work environment but set forth no details in support thereof. Even if the allegations from Ms. Hines-Penny’s testimony had been included in her Complaint of Discrimination, those allegations, if accepted as true, are not sufficiently severe to support a hostile work environment claim.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order dismissing Petitioner’s Petition for Relief. DONE AND ENTERED this 17th day of February, 2020, in Tallahassee, Leon County, Florida. S G. W. CHISENHALL 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 17th day of February, 2020. COPIES FURNISHED: Tammy S. Barton, Agency Clerk Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed) Felicia Hines-Penny Post Office Box 358935 Gainesville, Florida 32635 Brian T. Moore, Esquire School Board of Alachua County 620 East University Avenue Gainesville, Florida 32601 (eServed) Kevin Purvis, Assistant Superintendent Alachua County School Board 620 East University Avenue Gainesville, Florida 32601 Cheyanne Costilla, General Counsel Florida Commission on Human Relations 4075 Esplanade Way, Room 110 Tallahassee, Florida 32399-7020 (eServed)
The Issue The issue addressed in this proceeding is whether Petitioner was the subject of an unlawful employment practice.
Findings Of Fact The Petitioner, Kenneth E. Brown (Brown) is a black male and is a person as defined within Chapter 760, Florida Statutes. He had been employed by Respondent Stone Container Corporation for several years. In 1989, Petitioner was employed as an electrician/maintenance repairman at the Corporation's mill plant in Panama City, Florida. Part of his duties was to perform preventive maintenance on the plant's machinery. Petitioner's work time did not include a 30 minute lunch allowed by the Company. Time cards were completed by Petitioner and turned in at the mill office. Stone Container Corporation is an employer as defined within Chapter 760, Florida Statutes. Throughout his employment the mill had a strict policy against an employee leaving work without advising his or her supervisor and working on personal property while the employee was on duty at the plant. Such violations of company policy could result in dismissal of the employee and had resulted in dismissal of both non-minority and minority employees in the past. The Corporation also had a policy on an employee keeping accurate records of the time spent on the job. Again failure to comply with this policy could result in dismissal of the employee. On October 8, 1989, Petitioner left work early to go to lunch without advising his supervisor and remained out to lunch for more than his allotted time. The Petitioner was out of the plant for one hour and 50 minutes (1:50). None of the time Petitioner took for lunch was reflected on Petitioner's time card. Petitioner's time card showed that he had worked eight full hours when he had not actually done so. Additionally, Petitioner used work time to work on his personal vehicle in the mill parking lot. Petitioner, was discharged by the Corporation a few weeks later for leaving his job without authorization from his supervisor and failing to reflect his extended absence on his time card. Petitioner made no showing that there was any relationship between his race and his termination. Likewise, Petitioner did not present any evidence that on October 8, 1989, he satisfactorily performed his job. Therefore, Petitioner has failed to prove a prima facie case and Petitioner's charge of discrimination should be dismissed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Florida Commission on Human Relations issue a Final Order dismissing Petitioners complaint. RECOMMENDED this 18th day of October, 1991, in Tallahassee, Florida. DIANE CLEAVINGER 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 18th day of October, 1991. COPIES FURNISHED: Mr. Kenneth E. Brown, pro se 1014 Mercedes Avenue Panama City, Florida 32401 G. Thomas Harper, Esquire HAYNSWORTH, BALDWIN, JOHNSON AND HARPER Post Office Box 40593 Jacksonville, Florida 32203-0593 Dana Baird, General Counsel Margaret A. Jones, Clerk Commission on Human Relations 325 John Knox Road, Building F (Suite 240) Tallahassee, Florida 32399-1570 Ronald M. McElrath Executive Director 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-1570
The Issue Whether the Respondent engaged in employment practices in violation of Chapter 760, Florida Statutes.
Findings Of Fact The Petitioner, Lakeyta Givens, is a black female, and was first employed by the Respondent on February 6, 2001. The Petitioner had no experience in the business of re- financing real property; however, the Petitioner was trained by the Respondent, and was given one promotion and a pay-raise. She became sufficiently knowledgeable and productive that she was tasked to train other employees. After she had been with the company for nearly two years, her supervisor wanted to step down for personal reasons. This opened up a position with greater responsibility and increased pay. The Respondent was a closely held corporation owned and operated by Anthony and Rachel Catanzeriti. Anthony Catanzeriti was the manager of the office and was there daily. His wife, Rachel, was the president of the corporation and was not there on a daily basis. She did, however, exercise primary control over the company. Anthony Catanzeriti asked the Petitioner if she would be interested in moving into the supervisor's position at a salary of $15.00 per hour, a raise of $5.00 per hour. The Petitioner indicated that she would be pleased to make the move. Mr. Catanzeriti indicated that his wife would have to approve the promotion, and that he would talk to her about the promotion. There was no action on the promotion for a long time. The Petitioner was concerned about the status of her promotion. The Petitioner heard during this time that Rachel Catanzeriti had stated that she "would not have a nasty nigger work in the company." The Petitioner asked to speak about her promotion with Mr. and Ms. Catanzeriti, but because of various mutual indispositions a meeting was delayed. On February 3, 2003, Rachel Catanzeriti came in to do some personnel work, and a meeting was arranged at which Mr. Catanzeriti was not present. From the content and progression of this meeting, it was clear that the Petitioner was concerned that she was not being promoted because of her race. The Petitioner immediately confronted Ms. Catanzeriti about the purported racial slur. Ms. Catanzeriti denied having made such a remark; however, she immediately became angry. The meeting never addressed the promotion because of Ms. Catanzeriti's anger. In an effort to de-escalate the situation, the Petitioner walked out of the office. Ms. Catanzeriti followed the Petitioner out of the office and between buildings continuing the heated exchange. The Petitioner asked her to discuss the racial epithet, and Ms. Catanzeriti, replied, "Let's talk about your big fat ass." Very shortly after this comment and within the same argument, Ms. Catanzeriti fired the Petitioner. Subsequently, the supervisor's position was filed by a white female, whom the Petitioner had previously trained. The Petitioner's work record was good, and her attendance was regular. She was unable to find employment until April 2004. After the Petitioner had been fired, U S Mortgage, Inc., was closed by the Office of the State's Attorney. The Petitioner reported that Mr. Catanzeriti was currently imprisoned out of state, and Ms. Catanzeriti was living in Texas.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That FCHR enter its final order directing that the Respondent desist from discriminatory employment practices and awarding the Petitioner $4,800.00 in damages for lost wages. DONE AND ENTERED this 6th day of May, 2004, in Tallahassee, Leon County, Florida. S STEPHEN F. DEAN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 2004. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Lakeyta Givens Post Office Box 293 Sanderson, Florida 32087 U S Mortgage, Inc. 28 West Macclenny Avenue, Suite 14 Macclenny, Florida 32063 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue Whether Respondent's Professional Service Contract should be terminated for just cause based on actions constituting misconduct in office within the meaning of Section 1012.33, Florida Statutes (2004),1 and Florida Administrative Code Rule 6B-4.009.
Findings Of Fact The Board is the entity authorized to operate, control, and supervise the Charlotte County Public School System. Art. IX, §4, Fla. Const. and §1001.30, Fla. Stat. Mr. LaGrange began his employment with the Board in 1991. In January 2005, Mr. LaGrange began teaching a new Health Careers and Occupations class at Port Charlotte High School. The class was a vocational educational course for low- functioning students and consisted of about 20 ninth-grade students. A.V., N.M., T.B., S.B., N.H., and B.H. were students in this class. Sometime in either March or April 2005, Mr. LaGrange made an inappropriate remark about A.V.'s appearance. The incident happened near the end of the class, while A.V. was drawing on the board with her back to the students. Mr. LaGrange stated: "Look at A.V.'s cute little ass" or words to that effect. This remark greatly embarrassed A.V. As A.V. was leaving Mr. LaGrange's classroom on the day of the incident, she yelled to Mr. LaGrange that it was a disgusting and perverted comment for him to make in front of the entire class. Other students, including N.M., N.H., T.B., and B.H., heard Mr. LaGrange make the sexually inappropriate remark about A.V. Although each student's recollection of the incident may vary concerning the exact words that Mr. LaGrange used, the students all agreed that Mr. LaGrange made an inappropriate remark about A.V.'s backside in front of the class. Mr. LaGrange also made some inappropriate remarks to N.M. He told her that "If I have a wet dream about you, I won't tell you" or words to that effect. Mr. LaGrange's comments made N.M. feel uncomfortable and caused her to view Mr. LaGrange as "weird." T.B. also heard Mr. LaGrange make comments in class concerning wet dreams. A.M., a female student, would sometimes come into Mr. LaGrange's classroom, kneel beside the desk of S.B., a male student, and watch S.B. draw. S.B. heard Mr. LaGrange comment to A.M. to the effect that she liked to be on her knees for guys a lot. S.B. also heard Mr. LaGrange tell N.M. that "for somebody who is a schoolgirl, you know a lot about sex." S.B. felt that the remarks were perverted. On April 28, 2005, Mr. LaGrange referred A.V. and N.M. to a school dean, Matthew Wheldon, for excessive gum chewing. Gum chewing is a minor infraction and is normally allowed in classrooms other than Mr. LaGrange's class. Mr. Wheldon asked the girls how things were going in Mr. LaGrange's class, and they confided in him about the inappropriate remarks that Mr. LaGrange had been making in the classroom. Mr. Wheldon referred the matter to the assistant principal, and an investigation ensued, resulting in Mr. LaGrange being suspended. After reviewing the investigation report and being made aware of two other times that Mr. LaGrange had been disciplined, the Superintendent of Schools for the School Board of Charlotte County recommended to the Board that Mr. LaGrange be dismissed from his teaching position.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that the actions of Leonard LaGrange constitute just cause to dismiss him from his employment with the Charlotte County School Board, and terminating his Professional Services Contract. DONE AND ENTERED this 18th day of April, 2006, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 18th day of April, 2006.
The Issue The central issue in this case is whether the Respondent committed certain acts alleged by the School Board and, if so whether those acts constitute misconduct in office, immorality, conduct unbecoming a School Board employee and/or employee misconduct, and thereby constitute just cause for the suspension and termination of Respondent's employment as a teacher.
Findings Of Fact Based on the evidence received at the formal hearing in this case, I make the following findings of fact: The Respondent, Monica Chisholm, was employed by Petitioner from 1984 until September 28, 1988, pursuant to several annual contracts. During the 1987-88 school year, while employed as a teacher at Miami Jackson High School, the Respondent was given and accepted the responsibility of a senior class sponsor, which responsibility included coordinating and preparing activities for graduating seniors. Those activities included an activity known as "Grad Nite." In her capacity as a sponsor, the Respondent was charged with the duties of collecting money from students, issuing accurate receipts for the money collected, and depositing the money with the school treasurer. At Miami Jackson Senior High School explicit procedures for the handling and accounting of money were in effect. These procedures required that: (a) money be collected only during specific times and only at specific locations, (b) money be deposited with the school treasurer on a daily basis, and (c) in no event was a sponsor to retain money in excess of $50.00 overnight. These procedures were set forth in the sponsor's handbook, which was distributed to all sponsors. The procedures were also discussed during workshops held twice each year. The Respondent was admittedly aware of these mandatory procedures. Two receipt books were issued to the Respondent for the purpose of accounting for money received from students for "Grad Nite." One receipt book was Series 500; the other was Series 600. In May of 1988, Sophia Jackson, a student who had paid the Respondent $100 towards her participation in "Grad Nite," requested a refund. The Respondent prepared a fraudulent receipt and a check requisition form for Sophia Jackson. The fraudulent receipt was prepared by photocopying, from the 600 series receipt book, the receipt that had been issued to another student, removing the other student's name, and writing the name of Sophia Jackson in place of the other student's name. The Respondent, with intent to deceive, presented the fraudulent receipt copy, along with a written request for a refund, to Ms. Charlotte Wright, the school treasurer. Ms. Wright compared the fraudulent receipt to her copy of the original receipt, noticed the difference in names, and reported the matter to the school principal, Mr. Freddie Woodson. Mr. Woodson confronted the Respondent about the altered receipt. During the course of that confrontation, it became obvious that there were irregularities in the Respondent's handling of student funds. Mr. Woodson then demanded that the Respondent turn in the two receipt books that had been issued to her. At that time the Respondent had with her only the 600 series receipt book, and she had to return to her home to retrieve the 500 series receipt book. Upon review of the two receipt books, Mr. Woodson determined that the Respondent had collected a total of $2,716 that had not been turned in to the school treasurer. The Respondent's initial explanation to Mr. Woodson was that over two thousand dollars had been stolen from her briefcase while she was absent from school due to an injury. Prior to the confrontation with Mr. Woodson, the Respondent had not made any report of a theft from her briefcase, even though she claimed to have discovered it several weeks before the confrontations. Mr. Woodson demanded that the Respondent immediately turn over any remaining money in her possession. The Respondent failed to do so. Instead, she delivered a written statement in which she admitted to having used some of the money collected from students for her own personal use. In fact, the Respondent had misappropriated to her own use all of the $2,716 she had collected and failed to turn in to the school treasurer. Thereafter, a criminal complaint was filed in the State Attorney's Office and the Respondent was charged with grand theft, a felony offense. The suspicious circumstances surrounding the Respondent's failure to account for a substantial sum of money became known to various people in the school, including Ms. Young, Ms. Timson, Mrs. Wright, Officer Covington, and members of the school clerical staff who typed or otherwise handled papers with relevant information. In addition, law enforcement personnel and other school administrators became aware of the facts regarding the Respondent's mishandling of the students' money. The Respondent's misappropriation of funds collected from students and her attempt to obtain a refund through fraudulent means constitute the exploitation of professional relationships with students for personal gain or advantage and also constitute a use of an institutional privilege for personal gain or advantage. Such conduct also impairs the Respondent's effectiveness as an employee of the school system.
Recommendation On the basis of all of the foregoing, it is recommended that the School Board of Dade County issue a final order in this case terminating the employment of the Respondent as a teacher in the Dade County Public Schools. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th day of May 1989. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of May 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 88-5040 The following are my specific rulings on all proposed findings of fact submitted by all parties: Findings proposed by Petitioner: Paragraphs 1 through 4: Accepted. Paragraph 5: Accepted in substance, with exception of last sentence. Last sentence is rejected as subordinate and unnecessary details. Paragraphs 6 through 8: Accepted in substance. Paragraph 9: Rejected as irrelevant. Paragraph 10: Accepted in substance. Paragraph 11: Rejected as irrelevant. Paragraph 12: First two sentences rejected in part as subordinate and unnecessary details and in part as unduly repetitious. Last sentence accepted in substance. Paragraphs 13 and 14: Accepted in substance. Paragraph 15: Rejected as subordinate and unnecessary details. Paragraph 16: The substance of the last three lines of this paragraph is accepted. The remainder of the paragraph is rejected as constituting legal argument or proposed ultimate conclusions of law. Findings proposed by Respondent: Paragraph 1: Accepted. Unnumbered paragraph following paragraph 1: Accepted. Paragraph 2: Rejected as contrary to the greater weight of the evidence and as not supported by competent substantial details. (The Respondent's testimony regarding the theft of funds is simply unconvincing..) Paragraphs 3 through 5: Accepted in substance. Paragraph 6: Portion dealing with failure to properly collect and turn in funds is accepted. The remainder of this paragraph is rejected as contrary to the greater weight of the evidence. Paragraph 7: Rejected in part as constituting agreement rather than proposed findings and in part as contrary to the greater weight of the evidence. COPIES FURNISHED: Dr. Joseph A. Fernandez Superintendent of Schools Dade County Public Schools 1450 Northeast Second Avenue Miami, Florida 33132 Jaime C. Bovell, Esquire 370 Minorca Avenue Coral Gables, Florida 33134 William DuFresne, Esquire 2929 Southwest Third Avenue Suite One Miami, Florida 33129 Karen B. Wilde Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32399 Martin B. Schapp, Administrator Professional Practices Services 319 West Madison Street, Room 3 Tallahassee, Florida 32399
The Issue On April 27, 1995, Petitioner filed a charge of discrimination alleging that Respondent discriminated against him on account of his race when it discharged him from employment. The issue for disposition in this proceeding is whether that discrimination occurred and, if so, what remedy is appropriate.
Findings Of Fact The Center for Drug Free Living Center is a not-for- profit corporation which operates substance abuse and juvenile justice programs in central Florida. It works in four counties with approximately 500 employees. The Center receives state and federal grants and contracts and also receives funds from United Way and various local governments. Approximately 5 years ago the Center expanded from a substance abuse treatment program into a program that also targets young juvenile offenders. Its largest facility for juvenile offenders is a 100-bed residential facility in Intercession City, Florida. That facility is called the Adolescent Residential Campus (ARC). Youths at the ARC are involuntarily committed for a variety of offenses, from property crimes to violent crimes against persons. ARC provides educational treatment, skills training, health care, and a broad range of residential services with the goal of returning the youths to productive lives in their communities. The entire ARC staff is trained in crises intervention. Dana Monroe is an African-American male who was hired by the Center on October 21, 1993, to work as a night monitor at the ARC. On June 15, 1994, retroactive to April 16, 1994, he was promoted to counselor and received a raise from $15,000.00 to $18,000.00. The new hire and promotion were both approved by the Center president, Donald J. "Jerry" Feulner. Bill Ferguson was the ARC program director when Dana Monroe was hired. Mr. Ferguson was a cordial, low-key professional administrator. When Mr. Ferguson left he was replaced with Scurry Miller sometime in late 1994. Mr. Miller's management style was very different from his predecessor's. As described by both superiors and subordinates, Mr. Miller was bold, abrasive, unorthodox, and strict. He began disciplining employees for matters which Mr. Ferguson had evidently ignored. Some employees found him a charismatic leader; others found him disagreeable and offensive. In December 1994, Dana Monroe received his first verbal warning for inappropriate use of physical force. A written memorandum documenting the meeting between Dana Monroe and Scurry Miller is dated December 15, 1994. A copy was provided to Finn Kavanaugh, the assistant director of ARC. The incident confirmed Mr. Kavanaugh's own observations of Dana Monroe's growing tendencies to yell and use physical intervention with clients or to inappropriately lose his temper. On March 3, 1995, Mr. Kavanaugh personally counseled Dana Monroe, by telephone, after Mr. Monroe failed to appear for work the preceeding day, March 2. Mr. Monroe's immediate supervisor, Vince Hennessy, an African-American male, had called Mr. Monroe at home when he did not appear for work and was told that Mr. Monroe was ill. The nature of the work and need for adequate staffing required that ARC employees give at least 2 hours prior notice for absenteeism due to illness. Also in the March 3 telephone conversation Finn Kavanaugh informed Mr. Monroe that Vince Hennessy had documented a written warning for Mr. Monroe's loss of professional composure with a client subsequent to the incident that was addressed by Mr. Miller in December. When asked what could be done to help him, Mr. Monroe denied that he had a problem. On March 31, 1995, Scurry Miller documented another verbal warning to Dana Monroe when two clients escaped while under his supervision. Mr. Monroe does not dispute the escape but claims that he was occupied with other clients at another location and was not responsible. On April 17, 1995, Finn Kavanaugh issued another written warning to Dana Monroe for two incidents of tardiness: April 2 and April 17. In a meeting that same date, among Mr. Kavanaugh, Mr. Miller, and Dana Monroe, Mr. Monroe became belligerent and abusive and refused to calm down. The meeting was terminated. On April 20, Scurry Miller and Finn Kavanaugh again met with Dana Monroe. Mr. Miller offered Mr. Monroe the opportunity to resign, based on his continued poor performance and lack of response to supervision. When Mr. Monroe refused to resign he was told that Mr. Miller would recommend his termination. As Center president, Jerry Feulner accepted the recommendation and Finn Kavanaugh notified Dana Monroe, by letter, that he was terminated effective April 21, 1995. There is no credible evidence that Dana Monroe's termination was based on racial discrimination. At the time of Dana Monroe's employment and continuing to the time of hearing, approximately half of the ARC employees were African-American; several of Mr. Monroe's immediate supervisors were African-Americans whom he conceded also disciplined him on occasion. Mr. Monroe heard Scurry Miller say "you guys" or "you people," but never any specific racial references. Those comments are not themselves evidence of racial animus and could be directed to any group, of any racial composition. Scurry Miller used profanity with staff and with clients and was counseled for that. White employees, including Mr. Monroe's witness, Ms. Parker, viewed him as disrespectful to all staff, not just the African-Americans or minorities. In June 1995, the Center hired Mr. Monroe's replacement, another African-American male.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Dana L. Monroe's charge of discrimination be dismissed. DONE AND ENTERED this 2nd day of April, 1999, in Tallahassee, Leon County, Florida. MARY 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 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of April, 1999. COPIES FURNISHED: Dana L. Monroe 5116 Hernandes Drive Orlando, Florida 32810 Kimberly A. Wells, Esquire Jackson, Lewis, Schnitzler, & Krupman 390 North Orange Avenue, Suite 1285 Orlando, Florida 32801 Sharon Moultry, Clerk Florida Commission on Human Relations Building F, Suite 240 325 John Knox Road Tallahassee, Florida 34303-4149 Dana Baird, General Counsel Florida Commission on Human Relations Building F, Suite 240 325 John Knox Road Tallahassee, Florida 34303-4149
