Findings Of Fact On April 23, 1980, Petitioner applied for a teaching certificate in the areas of biology, chemistry, and general science. Petitioner had been certified by the State of Florida from August 20, 1974, through 1979 in these subjects. Petitioner allowed his prior certificate to lapse in 1979 as he was not sure he wanted to continue to be a teacher. At the time he allowed his certificate to lapse, he was involved in a drug problem, which drug problem resulted in the three arrests at issue herein. Petitioner was arrested in 1977, in 1978, and in 1979 for possession of controlled substances. Each of the arrests resulted in the withholding of adjudication. None of the arrests involved the sale of drugs, and Petitioner has never sold drugs. Petitioner has not used drugs since January of 1979, the date of his last arrest, and the drug used that date was a drug prescribed for him by a doctor. Prior to this application, Petitioner had reapplied for his teaching certificate. That application was denied since Petitioner was on probation from his arrests. Petitioner has completed all of his probationary periods. During the last year and a half, Petitioner has been teaching at the Miami Shores Preparatory School. He was hired to start a science department and has been teaching seventh and eighth grade life science, ninth and tenth grade biology, eleventh and twelfth grade honors biology, and eleventh and twelfth grade honors chemistry. He is also the swimming coach and serves as a counselor for seventh and eighth graders. Since he has been teaching at Miami Shores Preparatory School, a student has written an essay about him in describing the characteristics of an ideal teacher for a literary contest. The students at Miami Shores have dedicated the school yearbook to him. He has started a program at that school for students with drug problems by enlisting the aid of persons in the drug program which he himself successfully completed. Petitioner has had no difficulty in his present teaching position. However, in order for him to continue teaching at Miami Shores Preparatory School, a Florida teaching certificate is required. He is supported in his application for a teaching certificate by the principal of that school as well as by some of the other teachers, students, and parents of students at that school. Petitioner meets all requirements for issuance of a Florida teaching certificate, and the only basis for Respondent's denial of his application involves his three arrests.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, therefore, RECOMMENDED THAT: A final order be entered approving Petitioner's application for a Florida Teacher's Certificate, providing that Petitioner be issued a Teacher's Certificate on a probationary basis for a period of five years, and further providing that such certificate be automatically revoked if Petitioner be arrested for possession of any controlled substance during his five-year probationary period. RECOMMENDED this 24th day of September, 1981, in Tallahassee, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings Department of Administration 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24 day of September, 1981. COPIES FURNISHED: Ronald C. LaFace, Esquire Roberts, Miller, Baggett, LaFace, Richard & Wiser Post Office Drawer 1838 Tallahassee, Florida 32302 Thomas F. Woods, Esquire Woods, Johnston & Carlson 1030 East Lafayette Street Suite 112 Tallahassee, Florida 32301 Mr. Donald L. Griesheimer Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301
The Issue The issue to be determined is whether Respondent, Samuel Vinson, has violated sections 1012.795(1)(d), (f), (g), and (j), Florida Statutes (2013), and Florida Administrative Code Rule 6A- 10.081(3)(a), (e), and (h), and if so, what penalty should be imposed.
Findings Of Fact Respondent is a licensed educator in the State of Florida, holding certificate number 735373. His certificate covers health, general science, and physical education, and is valid through June 2017. At all times relevant, Respondent was employed by the Pinellas County School District (District) as a physical education teacher at Dunedin High School (Dunedin) or as a science teacher at Clearwater Intermediate School (Clearwater).4/ Between February and April 2008, when Ms. Gilbert was a senior at Dunedin, Respondent engaged in inappropriate behavior towards her. One day, when Ms. Gilbert received a hall pass from Respondent, Respondent kissed her on her hand. Another day, Respondent kissed Ms. Gilbert on the cheek. On yet another day, Respondent made a suggestive and inappropriate comment to Ms. Gilbert about her clothing.5/ And on another day, Respondent insinuated that Ms. Gilbert was staying late at her employment because she was sleeping with her boss. Respondent’s actions and comments made Ms. Gilbert uncomfortable. Ms. Gilbert's testimony is credible. Ms. Gilbert was uncomfortable and upset as a result of Respondent's conduct. Ms. Gilbert went to talk with the assistant principal at Dunedin, Ms. Riel. According to Ms. Riel, Ms. Gilbert was visibly upset as she described Respondent’s actions. Ms. Gilbert left Dunedin and did not experience her senior graduation exercises because she was so distraught, and fearful of seeing or being around Respondent. Ms. Riel immediately contacted the school resource officer, Deputy Gregory. Both the Pinellas County Sheriff's office and the District conducted independent investigations of Ms. Gilbert's allegations. Respondent was removed from the classroom during the criminal investigation, and directed to work at the school board’s "warehouse," away from students. Respondent was initially charged with criminal battery; however, in August 2011, he pled nolo contendere to a reduced charge of disorderly conduct with respect to his behavior towards Ms. Gilbert. The criminal court withheld adjudication on this charge and ordered Respondent to pay court costs and the cost of prosecution. In March 2009, Respondent operated a motor vehicle while under the influence of alcohol and was involved in a traffic accident. Respondent was arrested and charged with driving under the influence. Respondent pled guilty and was adjudicated guilty. In November 2011, Respondent was in his seventh-grade class. For some inexplicable reason, Respondent "lost it" and yelled obscenities at his students. Although the sequence of words used is uncertain, there is no doubt that Respondent called the students “little bastards,” and used the “F” word. As his outburst was on-going, one student went to an adjoining classroom and asked Ms. Holston to help. Ms. Holston was able to effectively remove Respondent from his classroom for the students’ safety. Respondent admitted that he “blew up,” and that he used “a few obscenities” with his students. Respondent resigned his position with the District, effective January 10, 2012.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a Final Order finding that Respondent has violated sections 1012.795(1)(d), (f), (g), and (j), Florida Statutes (2013), and Florida Administrative Code Rule 6A-10.081(3)(a), (e), and (h), and revoking his teaching certificate. DONE AND ENTERED this 29th day of January, 2015, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK 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 29th day of January, 2015.
The Issue Whether the Respondent committed the violations alleged in the Administrative Complaint issued February 17, 2005, and, if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Department of Education is the state agency responsible for investigating complaints against teachers holding Florida educator certificates for violations of Section 1012.795, Florida Statutes, and, in those cases in which probable cause is found, the Commissioner is responsible for filing a formal complaint and prosecuting a person holding a Florida educator certificate. § 1012.796, Fla. Stat. Pursuant to Section 1012.795(1), Florida Statutes, the Education Practices Commission ("EPC") is the entity responsible for imposing discipline for any of the violations set forth in that statute. Mr. Sorensen holds Florida Educator Certificate No. 807290. In 1998, Mr. Sorensen was hired by the Broward County public school system as an exceptional student education teacher and coach, and, from 1998 to the times material to this proceeding, he taught and coached various sports teams at McArthur High School ("McArthur"). From 1992 until his employment as a teacher, Mr. Sorensen was employed by the Broward County public school system as an assistant coach, a teacher's aide, and a substitute teacher. Mr. Sorensen was a very popular teacher and coach with the students at McArthur. Mr. Sorensen was removed from the classroom in the spring of 2001, and he has not worked with children since that time. Mr. Sorensen resigned his position with the Broward County School Board in 2005. Mr. Sorensen married in April 2002, and he currently resides with his wife and two children in Ocala, Florida. Mr. Sorensen has not been the subject of any prior disciplinary action or complaint by a student or fellow teacher. R.J. began attending McArthur in the 1999-2000 school year as a freshman. During the 2000-2001 school year, R.J. was in the 10th grade. R.J. turned 16 years of age during the three months material to this proceeding. Until the events that are the subject of this proceeding, Mr. Sorensen did not know R.J., although he knew of her from having seen her around school. R.J. knew Mr. Sorensen from seeing him at school, and she eventually introduced herself to him. On the evening of March 1, 2001, R.J. and Officer Tomas Hernandez had a conversation at South Broward High School. R.J. was attending night classes to make up some high school credits, and Officer Hernandez was working on his off-duty hours as a security guard at the school. Officer Hernandez's normal assignment was as a school resource officer at McArthur. During the conversation, R.J. mentioned to Officer Hernandez that he needed to watch one of the teachers at McArthur. Officer Hernandez pressed R.J. to identify the teacher, and she told him it was "Coach" Sorensen. According to Officer Hernandez's report, R.J. told him that Mr. Sorensen had pictures of naked female McArthur students on his school laptop computer; that he had shown these photographs to her; and that, while she was chatting with Mr. Sorensen by computer, he told her that he had a place at the beach, and she "felt" he wanted her to go there with him.4 Officer Hernandez reported the information to the Hollywood Police Department early the next morning, March 2, 2001, and he was told to transport R.J. from McArthur to the police station for an interview. Officer Hernandez then contacted R.J.'s father and her sister.5 R.J. was taken out of her first-period class shortly after school started. Officer Hernandez took her by car to the Hollywood police station, where she was interviewed by Detectives Navarro and Horne. At this time, R.J. gave a sworn statement regarding her contacts with Mr. Sorensen. Investigations of the charges R.J. made against Mr. Sorensen were conducted concurrently by the Hollywood Police Department and the Broward County School Board. As a result of the investigation by the Hollywood Police Department, Mr. Sorensen was arrested and charged with lewd and lascivious conduct with a child, which is a felony. He pled nolo contendere to a lesser charge of contributing to the delinquency of a minor, a misdemeanor. Adjudication was withheld, and Mr. Sorensen was placed on probation for one year, which he successfully completed.6 Information about the accusations R.J. had made about Mr. Sorensen found its way to the media, and R.J. was pursued by reporters at school and at her home. R.J. felt that the students at McArthur were hostile towards her, and she claimed to have received threats from fellow students, both in person and on the Internet, in which she was told to drop the charges against Mr. Sorensen. R.J. spoke with Beverly James, the principal at McArthur, about her fears for her safety. Ms. James apparently did not allay her concerns, and R.J. moved to her sister's home and transferred to South Broward High School. R.J. quit school a few months later because she felt that the students and some of the teachers at South Broward High School "looked at [her] wrong" and were "cold" towards her.7 Photographs At or about the end of January or the beginning of February 2001, a member of McArthur's yearbook staff showed Mr. Sorensen the layout for the photographs of the wrestling team. Mr. Sorensen noticed that the photographs included several students who had been members of the wrestling team but who had quit the team after the photographs were taken for the yearbook. Mr. Sorensen felt it was unfair to include students in the yearbook photographs who were not, at the time, members of the team. Mr. Sorensen decided to provide the yearbook staff with some photographs of the then-current wresting team from his own collection to substitute in the yearbook for the out-dated photographs. Mr. Sorensen forgot to go through his photographs at home to choose the ones he wanted to give to the yearbook staff. He remembered one morning as he was getting ready to leave for school, and he grabbed a packet containing his personal photographs and tossed the packet into his duffle bag.8 Mr. Sorensen kept supplies for his wrestling team, such as tape and ointment, in the duffle bag. Mr. Sorensen put the duffle bag into his truck. At some point, while Mr. Sorensen was driving several members of his wrestling team to practice, two male students who were seniors at McArthur, opened the duffle bag, discovered the packet of photographs, and began looking through them. The students came across a photograph of a nude female and several other pictures of females who were semi-nude or wearing thong bikinis. When Mr. Sorensen noticed the two students looking at these photographs, he told them to put the photographs back in the duffle bag. Mr. Sorensen did not take the photographs from the students because he was driving at the time, but the students put the photographs back into the duffle bag. After practice, Mr. Sorensen went to McArthur and dropped off his duffle bag in his classroom. At some point, Mr. Sorensen took the packet of photographs out of the duffle bag and put them in the bottom left-hand drawer of the desk in his classroom. Mr. Sorensen later looked through some of the photographs and chose several photographs of the wrestling team that he wanted to include in the yearbook. R.J. often went into Mr. Sorensen's classroom during the school day, sometimes to see her friend, M., who was in Mr. Sorensen's special education class. R.J. regularly checked her e-mail on Mr. Sorensen's school computer and hung around his desk. At some point in the two weeks prior to her conversation with Officer Hernandez, R.J. went through the photographs in Mr. Sorensen's desk drawer. She saw two photographs of nude or semi-nude females, several photographs of females in thong bikinis, and a photograph of a McArthur student named Mandy, whom R.J. knew from school. Except for Mandy, R.J. did not know the identity of the females in these photographs. Contrary to her statements to Officer Hernandez and Detectives Navarro and Horne, R.J. did not see any photographs of nude or partially nude women on Mr. Sorensen's classroom computer or on his school laptop computer. After R.J. gave her statement to Detectives Navarro and Horne, a number of school and local police investigators, together with Ms. James, McArthur's principal, went to Mr. Sorensen's classroom and asked if they could look through his desk. Several photographs of nude, semi-nude, and scantily- clad females were found among the photographs in Mr. Sorensen's desk drawer. The investigators also confiscated Mr. Sorensen's computer, and it was sent to an Apple Computer technician located outside of Florida, who recovered one photograph of a partially nude woman from the computer's hard drive.9 About a week before Mr. Sorensen's desk was searched, Mandy, who was a 12th grade student at McArthur, gave Mr. Sorensen a photograph of herself wearing tight clothing and standing in a provocative pose; the student had written her name and telephone numbers on the back. Mr. Sorensen put the photograph in his desk drawer, with the other photographs. The photograph of Mandy was among those discovered in the search of Mr. Sorensen's desk drawer. In addition to the photographs he kept in his desk drawer, Mr. Sorensen had numerous photographs on the top of his desk, under glass or plastic, including photographs of ex- girlfriends, of females in both regular and bikini bathing suits, and of members of the various sports teams he coached. These photographs were visible to anyone who came into his classroom and had been on his desk for quite a long time. None of the photographs on the top of the desk were considered to be inappropriate by McArthur's principal. Even if Mr. Sorensen did not realize when he put the packet of photographs into his duffle bag that photographs of a nude and several scantily-clad females were among the other photographs he took from his house, it is reasonable to infer that he knew that these pictures were among the ones he put into his desk drawer because he knew that two members of his wrestling team had gone through the photographs in the duffle bag and had looked at these photographs. In addition, Mr. Sorensen had himself gone through a number of the photographs after he put them in the desk drawer. In placing and leaving these photographs for over a month in his classroom desk where they were accessible to students, Mr. Sorensen created conditions that were potentially harmful to learning and to the mental health of any student who might happen to see the photographs in his desk. This conduct also exposed students to unnecessary embarrassment if a student were to come across the inappropriate photographs in Mr. Sorensen's desk. The evidence presented by the Commissioner is, however, not sufficient to establish clearly and convincingly that Mr. Sorensen showed the photographs to any students.10 Inappropriate communications of a sexual nature Mr. Sorensen maintained an Internet access account with America Online ("AOL"), and he had a screen-name he used for instant messaging feature on the Internet. One feature of AOL instant messaging is a "buddy list" in which a person can list the screen-names of other AOL instant-messaging users; when a person logs onto the Internet, all users who have that person's screen-name on their "buddy lists" are alerted that the person is online. Mr. Sorensen gave his AOL instant-messaging screen- name to numerous students at McArthur, including students in his class and members of the various teams he coached, so they could contact him about school work and schedules. If he was on the "buddy list" of any of these individuals, they would be alerted whenever he logged onto the Internet through AOL, and they could send him instant messages. Mr. Sorensen logged onto AOL to check his e-mail every night, and he would regularly receive instant messages from McArthur students. For the most part, these messages had no substance but consisted primarily of students and Mr. Sorensen asking each other what was going on. Mr. Sorensen and R.J. exchanged instant messages on an average of every other day for about four months prior to March 1, 2001.11 On most occasions, their exchanges consisted of short discussions of events at school. On several occasions, R.J. and Mr. Sorensen discussed R.J.'s boyfriend, and R.J. confided in Mr. Sorensen that she was pregnant and intended to get an abortion.12 R.J. did not report any inappropriate sexual communications from Mr. Sorensen until her conversation with Officer Hernandez, even though, on more than one occasion, Officer Flasher observed R.J. instant messaging Mr. Sorensen on the computer owned by Officer Flasher and questioned her about e-mailing a teacher.13 In considering and weighing the evidence submitted in this case relating to Mr. Sorensen's alleged inappropriate sexual communications with R.J., the undersigned has been mindful that, as discussed further in the Conclusions of Law below, the Commissioner bears the burden in this case of proving by clear and convincing evidence the factual bases for the statutory and rule violations alleged in the Administrative Complaint. The Commissioner presented evidence to the effect that Mr. Sorensen engaged in the sexual misconduct described in the Administrative Complaint, but the totality of the evidence presented by the Commissioner is not sufficiently persuasive to constitute clear and convincing evidence that Mr. Sorensen committed the acts of sexual misconduct alleged in the Administrative Complaint.14
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order: Dismissing Counts 1, 2, 6 and 7 of the Administrative Complaint; Finding Dana Sorensen guilty of having violated Section 1012.795(1)(i), Florida Statutes, and Florida Administrative Code Rules 6B-1.006(3)(a) and (e); and 2. Placing Mr. Sorensen on probation for a term of two years and under such conditions as the Education Practices Commission shall deem appropriate. DONE AND ENTERED this 21st day of February, 2006, in Tallahassee, Leon County, Florida. S PATRICIA M. HART 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 21st day of February, 2006.
The Issue Whether or not Ossie L. Gardner, the Respondent, on or about August 2, 1977, in Duval County, Florida, did expose his sexual organs by masturbation inside a pornographic booth in the presence of a plain clothes city vice detective at a Jacksonville movie theater, and further, whether or not Ossie L. Gardner plead guilty to the lesser charge of "indecent exposure" and was fined 550.00 plus court costs, all in violation of Sections 231.09 and 231.28, Florida Statutes, and Sections 6A-4.37, 60-1 and 60-5, Florida Administrative Code, in that it is conduct which is inconsistent with good morals and the public conscience, not a proper example to students, and conduct which is sufficiently notorious to bring Ossie L. Gardner and the education profession into public disgrace and disrespect. Whether or not Ossie L. Gardner, the Respondent, on or about June 29, 1967, in Leon County, Florida, did solicit for a lewd and lascivious act by an offer to commit and engage in lewdness, to wit, fellatio with an employee of the Tallahassee Police Department, in violation of Sections 231.09 and 231.28, Florida Statutes, and Sections 6A-4.37, 6B-1 and 6B-5, Florida Administrative Code, in that it is conduct which is inconsistent with good morals and the public conscience, not a proper example for students, and conduct which is sufficiently notorious to bring Ossie L. Gardner and the education profession into public disgrace and disrespect.
Findings Of Fact This cause comes on for consideration based upon the Petition for Revocation of Teacher's Certificate filed by the Petitioner, Professional Practices Council, against Ossie L. Gardner, the Respondent. At the commencement of the hearing, the parties entered into several stipulations. The first of those stipulations was that the statements in the Petition for Revocation of Teacher's, Certificate found under the title "Jurisdictional Matters" are agreed to and established as facts in this cause; therefore, with the recitation of those facts in the following quotation, those facts under the title "Jurisdictional Matters" are hereby established. "JURISDICTIONAL MATTERS" "OSSIE L. GARDNER is the holder of Post-Graduate, Rank II Florida teaching certificate number 181441, covering Math, Emotionally Disturbed and Junior College, which is valid until June 30, 1993." "OSSIE L. GARDNER has been employed as a math/science teacher at the Juvenile Shelter in Jacksonville, Florida. He holds a tenure contract in Duval County where he continues to teach at this time. The Professional Practices Council received a report from Buford H. Galloway, Director of Evaluation and Development, indicating that OSSIE L. GARDNER was charged with Exposure of Sexual Organs by Masturbation on August 2, 1977. Pursuant to this report and under the authority contained in Section 231.28, Florida Statutes, staff of the Department of Education conducted a professional inquiry into the matter and on February 13, 1978 made its report to the Executive Committee of the Professional Practices Council. The Executive Committee recommended that the Commissioner of Education find that probable cause exists to believe that OSSIE L. GARDNER is guilty of acts which provide grounds for the revocation of his Florida teaching certificate. The Commissioner of Education found probable cause on February 13, 1978, and directed the filing of this petition. The Petitioner has authority under Section 6A-4.37, Rules of the State Board of Education to file this Petition. The State Board of Education has authority under action 231.28, Florida Statutes to revoke the teaching certificate of OSSIE L. GARDNER." At the commencement of the hearing, the parties further agreed to stipulate to the introduction of certain items of evidence without the necessity for authentication of those documents. Finally, the parties agreed to stipulate to the introduction of the deposition of Otha Lee Wooden, as a late-filed exhibit, to be used by the undersigned in the same way as the testimony offered in the course of the hearing. The facts in the case revealed that on August 2, 1977, between 3:30 and 4:00 P.M., Officer J. W. Lockley of the Jacksonville Sheriff's Office, Duval County, Florida, was making a routine check of the J & K Adult Theater in the 400 block of Main Street, Jacksonville, Florida. This theater contains material of sexual content. Among other features of the theater are certain booths located behind a curtained area, which is separated from the other part of the establishment. Those booths have coin-operated projectors which allow for the display of preselected film clips which have been obtained from the proprietor. The booths are approximately four feet by seven or eight feet in dimension and the patron may stand up or in some cases may sit down in the booths. The booths have a further feature which is a door which has instructions that it must be closed during the course of the film being shown. On the date in question, Officer Lockley went into the area of the theater which contains the booths and observed the Respondent, Ossie L. Gardner, in Booth No. 8. At that time, the door to the booth was open and Gardner was observed with his sexual organs exposed, and was observed stroking his exposed penis with his hand in an upward and downward motion. A film was playing in the booth, being projected on a small screen. The film depicted sexual activity between male participants, specifically fellatio. Officer Lockley passed up the aisle from where he had observed this activity on the part of the Respondent and then returned to the area of the booth in which Mr. Gardner was located. At that point, Gardner continued to stroke his penis and to look and obtain eye contact with Lockley and then to look down at his penis. Lockley subsequently arrested Gardner for exposure of sexual organs, in violation of Section 80003, Florida Statutes. Gardner later plead guilty to a municipal ordinance violation of indecent exposure, City of Jacksonville Ordinance No. 330.124. For this violation, Gardner was given a judgment and sentence of a $50.00 fine plus $2.00 court costs. In the course of the arrest, the Respondent indicated to Officer Lockley that he had bean arrested for similar conduct before in a matter in Tallahassee, Florida. This incident pertained to a situation which occurred in the Greyhound Bus Station in Tallahassee, Florida, on June 29, 1967. At that time, C. A. McMahan, an employee of the State Prison Camp, Division of Corrections, Tallahassee, Florida, was working as an agent with the Tallahassee Police Department to assist in the investigation of vice activities. In particular, McMahan was assisting in the investigation of alleged homosexual activities in the men's restroom of the Greyhound Bus Station. On the date in question at around 10:00 P.M., McMahan went into the men's restroom and entered one of the closed-in stalls in which a commode was located; Gardner went to one of the urinals in the bathroom facility. Before entering the stall, McMahan observed Gardner masturbating at the urinal. McMahan then closed the door to the stall and was seated in the area of the commode when Gardner moved into the area next to McMahan's stall and continued to masturbate as observed through a hole in the wall between the stall in which McMahan was located and the area where Gardner was positioned. After a period of three or four minutes, Gardner stuck his penis through a hole in the partition wall into the area where McMahan was located. At that point, McMahan left to tell Captain Burl S. Peacock of the Tallahassee Police Department, Tallahassee, Florida, of his observation. Both of these individuals went back into the restroom, at which point Gardner was arrested. Gardner, after being advised of his constitutional right to remain silent, admitted that he had gone to the restroom with the thought that he could get some "sexual relief", and further admitted putting his penis through the hole in the partition for the purpose of getting that "sexual relief." Gardner also admitted to Peacock that he had been involved in homosexual activities as early as the age of 18 and had performed sodomy on one occasion and had been a passive partner in homosexual activities at other times. Subsequent to the June 29, 1967, arrest, Gardner received psychiatric attention for his problem. For the incidents related in the matters of August 2, 1977, and June 29, 1967, the Respondent has been charged with violations of Sections 231.09 and 231.28, Florida Statutes, and Sections 6A-4.37, 60-1 and 6B-5, Florida Administrative Code; in that his conduct is alleged to be inconsistent with good morals and the public conscience; not a proper example for students and conduct which is sufficiently notorious to bring Ossie L. Gardner and the education profession into public disgrace and disrespect. A review of those stated sections of the Florida Statutes and the The Florida Administrative Code reveals that any substantive allegations cognizable through this complaint are found in provision of Section 231.09(2), Florida Statutes, and Section 231.28(1), Florida Statutes, only. Therefore, no further reference will be made to Section 6A- 4.37, 60-1 and 60-5, Florida Administrative Code. Section 231.09(2), Florida Statutes, reads as follows: "(2) EXAMPLE FOR PUPILS.--Labor faithfully and earnestly for the advancement of the pupils in their studies, deportment and morals, and embrace every opportunity to inculcate, by precept and example, the principles of truth, honesty and pat- riotism and the practice of every Christian virtue." The conduct which has been established in the facts pertaining to the incidents of August 2, 1977, and June 29, 1967, involving the exposure of the Respondent's sexual organs and the surrounding activities in those incidents, is conduct which shows that the Respondent is not laboring faithfully and earnestly for the advancement of the pupils in their deportment and morals' in violation of Section 231.09(2), Florida Statutes. No other violation of that provision has been established. Section 231.28(1), Florida Statutes, together with the preamble to the overall Section 231.28, Florida Statutes, reads as follows: "231.28 Suspension or revocation of certificates. The Department of Education shall have authority to suspend the teaching certificate of any person for a period of time not to exceed 3 years, thereby denying him the right to teach for that period of time, after which the holder may return to teaching as provided in subsection (6); to revoke the teach- ing certificate of any person, thereby denying him the right to teach for a period of time not to exceed 10 years, with reinstatement subject to provisions of subsection (6); or to revoke permanently the teaching certificate of any person, provided: (1) It can be shown that such person obtained the teaching certificate by fraudulent means, or has proved to be incompetent to teach or to perform his duties as an employee of the public school system, or to teach in or to operate a private school, or has been guilty of gross immorality or an act involving moral turpitude, or has had his certificate revoked in another state, or has been convicted of a mis- demeanor, felony, or any other criminal charge, other than a minor traffic violation, or upon investigation has been found guilty of personal conduct which seri- ously reduces his effectiveness as an employee of the school board, or has otherwise violated the provisions of law, the penalty for which is the revocation of the teaching certificate, or has refused to comply with the regulations of the State Board of Education or the school board in the district in which he is employed." Again, the acts of August 2, 1977, and June 29, 1967, involving the exposure by the Respondent of his sexual organs and the facts therein, show that the Respondent has been guilty of gross immorality or an act involving moral turpitude. The only other possible violation under Section 231.28(1), Florida Statutes, which might be argued is the allegation of possible conduct which seriously reduces the Respondent's effectiveness as an employee of the school board. The sole testimony offered in the course of the hearing which would address that substantive accusation would be that testimony found in the deposition of Otha Lee Wooden. A review of that testimony indicates that the opinion of the principal of the school in which the Respondent teaches, to wit, the school No. 182, Juvenile Shelter School, is to the effect that the facts in these cases are not known to other persons in the school. Consequently, there is no testimony to indicate that there would be any loss of effectiveness if Mr. Gardner continued to teach. No other violations were alleged or proven.
Recommendation In the course of the hearing, matters in mitigation and aggravation were considered. In that presentation, it was demonstrated that the Respondent is a teacher with an outstanding background, as revealed by his personnel file, which is the Respondent's Exhibit No. 8 admitted into evidence. It was also established that the Respondent is a man of distinguished service to his country through service in the United States Army, as established in the Respondent's Exhibits Nos. 1 through 7. Further, it was established that absent these incidents alluded to in the course of this Recommended Order, the Respondent has not been the subject of disciplinary action by the Petitioner on any other occasion. Nonetheless, in consideration of the nature of his profession, it is recommended that the Respondent, Ossie L. Gardner, have his Post-Graduate Rank II Florida Teaching Certificate No. 181441 REVOKED for a period of three (3) years. DONE and ENTERED this 15th day of September, 1978, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings Mail: 530 Carlton Building 101 Collins Building Tallahassee, Florida 32399-1550 COPIES FURNISHED: L. Haldane Taylor, Esquire 2516 Gulf Life Tower Jacksonville, Florida Charles E. Grabill, Jr., Esquire 168 Blanding Boulevard, Suite 2 Orange Park, Florida 32073 Mr. M. Juhan Mixon Professional Practices Council 319 West Madison Street, Room 3 Tallahassee, Florida 32304
The Issue Whether the Respondent's teaching certificate should be disciplined in accordance with Sections 231.262(6) and 231.28(1), Florida Statutes, for alleged acts of misconduct as set forth in the Amended Administrative Complaint, dated May 19, 1993, in violation of Sections 231.28(1), Florida Statutes, and the Florida Code of Ethics of the Education Profession, Rule 6B-1.006, Florida Administrative Code.
Findings Of Fact The Respondent holds Florida Teaching Certificate No. 454394, covering the areas of Elementary Education, Junior High School Science, and Administration and Supervision, which is valid through June 30, 1994. At all times pertinent to the allegations in this case, Respondent was employed as a teacher at Lake Mary Elementary School in the Seminole County School District. On or about March 14, 1988, Respondent was arrested in Volusia County, Florida, and charged with Sexual Activity with a Child by a Person in Familial or Custodial Authority and Committing a Lewd and Lascivious Act in the Presence of a Child. A Felony Arrest Warrant for Respondent was issued by the Circuit Court of Volusia County, dated March 11, 1988. An Information was thereupon filed against Respondent in the case of State of Florida v. Larry O. Williams, Case No. 88-17776, and it charged Respondent with two (2) offenses: Count I: Sexual Activity with a Child by a Person in Familial or Custodial Authority, and Count II: Committing a Lewd and Lascivious Act in the Presence of a Child. The state issued a Nolle Prosequi to the charge of Sexual Activity with a Child. Respondent entered a plea of Nolo Contendere to the lesser included charge in Count II of Attempted Lewd or Lascivious Act in the Presence of a Child, a third degree felony. On or about April 16, 1990, Respondent was adjudicated guilty of Attempted Lewd or Lascivious Act in the Presence of a Child by the circuit court. He was sentenced to serve three (3) years probation, pay $41.00 per month for the cost of supervision, pay $225.00 in court costs and fines, and successfully complete sexual offender counseling. He was also ordered to have no further contact with the victim or any other individuals involved in the case. Detective Diana Floyd, with the Edgewater Police Department, was one of the detectives who assisted in the investigation of Respondent. The victim of the criminal activity by Respondent was Kristina Adkins. Detective Diana Floyd interviewed Kristina Adkins as part of her investigation on March 9, 1988. or about March 15, 1988, the Respondent was suspended with pay by the Seminole County Superintendent of Schools, Robert W. Hughes. On or about March 24, 1988, the Respondent was suspended without pay by the School Board of Seminole County. Respondent was on an annual contract, and his contract called for a renewal each year. The School Board, on or about March 24, 1988, decided not to renew his contract for the following school year. During the 1987-1988 school year, Naomi Whitker was a fifth grade student at Lake Mary Elementary School, and was frequently in Respondent's classroom because her best friend, Cristie Braddy, was a student in Respondent's class. At that time, Naomi Whitker was ten years of age. Naomi Whitker and Cristie Braddy would regularly assist in Respondent's classroom, generally after school. On a regular basis, Respondent would touch Naomi Whitker's buttocks and hug her while she was in his classroom. This occurred during the 1987-1988 school year at Lake Mary Elementary School. The student would put her arms around Respondent's waist, and he would put his hands around her back and then move them slowly down until he touched her buttocks. Naomi Whitker did not think that it was right for a teacher to touch her in that way, and she felt uncomfortable and confused. A similar incident occurred when Respondent hugged Naomi and grabbed her buttocks as he was dropping the two girls off after taking them to dance class. On one occasion in late February or early March, 1988, Naomi was hanging up something on Respondent's classroom wall, and was standing on a chair. Respondent came over, reached under her clothing, and put his hands on her stomach while he was holding her. As a result of this touching of Naomi's stomach, she turned and ran out of the class. She felt afraid, angry, and embarrassed. She did not tell him to stop, but was so afraid that she ran out of the room. On another occasion, Respondent invited Naomi Whitker, Cristie Braddy, and another girl out during the 1987-1988 school year to Monday night skate night, and to Show Biz Pizza thereafter. Respondent paid for the entire evening. As they were driving Respondent asked Cristie if she had any underwear on. Respondent also told Cristie that he was not wearing any underwear either. Cristie Braddy, a student in Respondent's fifth grade class at Lake Mary Elementary School in the 1987-1988 school year, and best friend of Naomi Whitker at that time, was touched by Respondent. He would rub Cristie's back and stomach and then go down to her buttocks. He would also rub her shoulders. Respondent also touched Cristie Braddy outside of the classroom, specifically at Show Biz Pizza, where he touched her back and shoulders. Also on a school sponsored camping trip he rubbed Cristie Braddy and touched her on the outside of her clothes, when he touched her back and shoulders, but on the inside when he touched her stomach. The touching of Cristie Braddy by Respondent occurred during the entire 1987-1988 school year, and was not an isolated incident. It occurred on a daily basis. On separate occasions, Respondent asked Naomi Whitker and Cristie Braddy to come over to his apartment, and help clean it. However, they declined. On another occasion, Respondent gave Naomi Whitker and Cristie Braddy a silver ring which said "love" on it. In handing the ring to Naomi and Cristie, Respondent said that he wanted them to have it because "I love you". Also during the 1987-1988 school year at Lake Mary Elementary School, Respondent invited Naomi Whitker and Cristie Braddy to the beach or to the mall with him, but they did not go with him. Respondent made inappropriate comments to students in his classroom. For example, he would talk about how he and his wife got divorced because she would not have sex with him. He would also look at Naomi, and say that she needed to shave her legs, or that she was in a bad mood because she was beginning her period. He would also ask about whether the girls were kissing boys. On another occasion in Respondent's fifth grade classroom at Lake Mary Elementary School, Cristie Braddy was sitting in the teacher's chair. Respondent came up from behind her and sat on the chair directly behind her with his legs spread around her. Cristie Braddy quickly jumped out of the chair and went to a different part of the room. Monica Graham, a student in Respondent's fifth grade elementary class at Lake Mary Elementary School in the 1987-1988 school year, was also touched by Respondent. Respondent touched Monica Graham inappropriately on the shoulders and buttocks on the outside of her clothing, and on one occasion, he pinched her buttocks. Monica Graham, as a result of the touching by Respondent, felt weird and embarrassed because he did it to her in front of the other students. She was also angry and hurt by Respondent touching her. On the same camping trip that Christie Braddy and Monica Graham attended, Respondent, who was a chaperon, told the girls on the camping trip that if they got scared at night, they could come sleep in his tent. Respondent invited Monica Graham to go swimming at his house, and one night asked if she wanted to come over and eat dinner with him. Monica Graham did not go because she told her parents, and they said it was inappropriate. Respondent gave Monica Graham his home phone number. He told Monica it was for help in homework, but when she called, he did not talk about homework. Tiffany Gormly, a fifth grade student in Respondent's fifth grade elementary school class at Lake Mary Elementary School during the 1987-1988 school year, was touched by Respondent. Respondent rubbed her shoulders, and tried to hold her hand. When Respondent tried to hold Tiffany Gormly's hand, she kicked him. As a result of Respondent's touching Tiffany Gormly, she felt uncomfortable and embarrassed. There were other students in front of her when Respondent rubbed her shoulders. She was angry, and told Respondent to stop. Respondent also invited Tiffany Gormly to come to his apartment and go swimming. It bothered her, and she did not go. On occasion, Respondent would look under the long table where students sat, as they watched movies in his classroom, and would try to look up the dresses of the girls.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued finding that Larry O. Williams is not guilty of violating the provisions of Sections 231.28(1)(c), Florida Statutes; but is guilty of violating Section 231.28(1)(e), Florida Statutes, for having been convicted of a felony; and is guilty of violating Sections 231.28(1)(f) and (h), Florida Statutes, and Rule 6B-1.006(3)(a), (e) and (h), Florida Administrative Code, due to his inappropriate touching and conduct with four of his students. It is further RECOMMENDED that a Final Order be issued revoking Respondent's teaching certificate for the above violations. DONE AND ENTERED this 24th day of November, 1993, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 24th day of November, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-2215 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1, 2, 3, 4, 5, 6, 7 (in part), 8 (in part), 9, 42, 44, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58, 59, 60, 61, 62, 64, 65, 66, 68, 69, 72, 74, 75, 76, 86, 87, 88, 89, 90, 91, 92, 93, 96, 98, 99, 102, 103, 104, 105, 107, 111, 114, 116, 117. Rejected as hearsay: paragraphs 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 43. Rejected as irrelevant or subsumed: paragraphs 7(in part), 8 (in part), 20, 38, 39, 40, 41, 45, 55, 63, 67, 70, 71, 77, 78, 79, 90, 81, 82, 83, 84, 85, 94, 95, 97, 100, 101, 106, 108, 109, 110, 112, 113, 115. Respondent did not submit proposed findings of fact. COPIES FURNISHED: Robert J. Boyd, Esquire BOND & BOYD, P.A. 411 East College Avenue Post Office Box 26 Tallahassee, Florida 32302 Larry O. Williams 403 North Monroe Street Versailles, Missouri 65084 Sydney H. McKenzie General Counsel The Capitol, PL-08 Tallahassee, Florida 32399-0400 Karen Barr Wilde Executive Director 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Jerry Moore, Administrator Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
