The Issue The issue is whether Petitioner may terminate Respondent's teaching contract for just cause.
Findings Of Fact Respondent has been a science teacher since 1974. After six and one-half years of service in the military, which included service in Vietnam, Respondent attended college and graduated from St. Louis University with bachelor's and master's degrees in chemistry. After a short career in private industry, Respondent entered the teaching profession in Pennsylvania. In 1983, Respondent moved to Miami to continue teaching. For the first year, Respondent obtained a temporary position, filling in for a teacher out on pregnancy leave, teaching honors physics and biology at Palmetto Senior High School. For the next three years, Respondent taught earth science and physical science at Palm Springs Junior High School, both as a permanent substitute and regular teacher. Starting in August 1987, Respondent taught unspecified science courses at North Dade Junior High School for a year. Respondent's first extended assignment at one school was at Southwood Middle School, where he taught from August 1988 through June 1993. At Southwood Middle School, Respondent was a problem employee from the start; he was explosive, defiant, temperamental, and a bundle of nerves. From March 1989 through October 1991, different Southwood principals had to summon Respondent to the office for six conferences-for-the-record (CFR). In October 1990, the principal at Southwood Middle School directed his assistant principal to schedule an observation of Respondent, who repeatedly deflected her request to schedule a mutually convenient time for an observation. On one occasion, Respondent lacked a lesson plan, but the principal, rather than placing Respondent on probation for that deficiency, instead conducted a CFR on October 31, 1990, at which he reminded Respondent of the requirement of lesson plans. Eventually, the regional coordinator of the science department conducted the observation on November 26, 1990. The science coordinator assessed Respondent as deficient in preparation and planning, subject-matter knowledge, and instructional techniques. At a CFR on December 14, 1990, the principal prescribed appropriate remedies for these deficiencies. The CFR notes that Respondent claimed that the science coordinator had not judged him fairly. Next, Respondent taught at North Miami Senior High School from August 1993 to June 1997. Having obtained certification in physics, Respondent taught physics to advanced placement, international baccalaureate, honors, and regular classes, as well as earth-space science. During the 1997-98 school year and start of the 1998-99 school year, Respondent taught at Killian Senior High School. At Killian, he taught three physics and two chemistry classes. In the late summer and early fall of 1998, district office personnel began painting the interior of Killian Senior High School. The smell of paint was oppressive to students and staff. Based on numerous complaints, as well as his own experience, the principal contacted the district office and asked that they monitor the odor. Respondent was among the persons complaining about the paint, but he was far from alone. On October 5, 1998, unrelated to the paint situation, the principal conducted an observation of Respondent. The resulting evaluation notes numerous deficiencies in preparation (including the lack of a lesson plan), the delivery of instruction, and the management of the classroom. At the hearing, Respondent rejected the validity of this observation largely due to the principal's lack of background in science. In the ensuing days, the principal tried without success to arrange a CFR to discuss the observation and evaluation, although the scheduling problems were not shown to have been due to Respondent. Finally, on October 16, 1998--a teacher workday--the principal directed his assistant principal to get with Respondent and schedule the CFR. The assistant principal summoned Respondent to her office and asked Respondent to sign a notice of CFR setting a date for the conference. Respondent became very angry and called the principal, who is black, a "nigger." Respondent said the entire matter was a "bunch of bullshit." He then promised that he would see that the assistant principal "was taken care of" and "she would be sorry." The assistant principal replied that she only wanted him to sign the notice, but Respondent would not be mollified. In her 38 years in Petitioner's school system, the assistant principal has never seen an outburst like this from a teacher. Shaken, the assistant principal immediately telephoned the principal, who was downtown at a school meeting. She relayed to him what had happened and all that Respondent had said. The principal responded by telling her that he would call Petitioner's police and return to the school immediately. Arriving at the school, the principal met with several school police officers in his office. The officers wanted to arrest Respondent without delay, but the principal said that he wanted to speak to him first. The principal then walked up to the teacher's workroom where Respondent, alone, was working. The accounts of what happened next do not overlap very much. The principal, a sizeable man, claims that Respondent hit him. Respondent, a small man with a sizeable temper, claims that the principal hit him. It is impossible to credit either story. The principal's testimony is inconsistent, and he was an evasive witness. As reflected throughout these findings, Respondent's distorted perceptions, disordered thinking, poor insight, and lack of candor deprive him of credibility. Likely, neither man struck the other, although they may have grabbed or jostled a little. Wisely, Petitioner did not pursue the matter in a manner consistent with a teacher battery upon a principal, nor does Petitioner allege in the present case that Respondent struck the principal. Clearly, though, the two men quarreled loudly, and, when the confrontation escalated into an altercation, the school police entered the room and removed Respondent from the building. Petitioner reassigned Respondent to a region office. On October 21, 1998, Petitioner conducted a CFR for the October 5 observation. This CFR listed various prescribed remedies, but recognized that Respondent's nonacademic placement prevented the accomplishment of most of them. On December 10, 1998, Petitioner conducted a CFR for the October 16 incident. Petitioner presented Respondent with a list of physicians from whom he could choose, so that he could obtain a medical evaluation of his fitness to return to work. The letter memorializing the CFR directs Respondent not to visit the campus of Killian High School or contact any student or staff at the school by any means. Undoubtedly, Respondent had reached a breaking point by the time of the October 16 incident. The primary source of his increasing anxiety seems to have been the paint situation. Eventually, the district office had to have its personnel remove the paint due to toxic substances contained in the paint, and it is not unlikely that Respondent played an important role in the process that led to the eventual removal of the unhealthy paint. However, it is impossible to determine exactly when Respondent obtained evidence of the paint's toxicity. At some point, although not immediately, Respondent obtained the material safety data sheets for the paint and learned that the paint was unsuitable for a school. It is difficult to determine exactly when this occurred, and it is therefore difficult to assess Respondent's behavior. It appears likely, though, that, for a time at least, Respondent, fashioning himself a whistleblower beleaguered by the principal, bypassed normal administrative channels, proclaimed to his class that he would protect them from this toxic paint, and encouraged his students to have their parents complain about the paint. The evidence is sketchy as to whether Respondent violated the directive not to contact students or staff. Respondent probably contacted teachers and possibly contacted students in violation of the directive, but, absent detailed evidence of the conversations, it is impossible to find that these conversations constituted material violations of the directive. After some difficulties in selecting a psychiatrist acceptable to Respondent, he chose Dr. Anastasio Castiello from the names provided to him by Petitioner. Dr. Castiello conducted a psychiatric evaluation of Respondent on January 25, 1999. Based on a 50-minute interview and history largely supplied by Petitioner, Dr. Castiello diagnosed Respondent as suffering from a ”moderately severe psychiatric disorder warranting a recommendation for relatively intensive psychiatric treatment. The condition would also warrant the diagnosis of an involutional disorder with intertwined elements of paranoid and the affective disorders." Dr. Castiello conducted another 50-minute evaluation session with Respondent on August 16, 1999, and reached the same conclusions as he had in the previous session. On January 24, 2000, Dr. Castiello conducted a third and final evaluation session and concluded that Respondent was better and could return to teaching. The two-and-one-quarter, single-spaced report of Dr. Castiello covering the last session casts little light on the means by which Respondent journeyed from a moderately severe psychiatric disorder warranting relatively intensive psychiatric treatment to sufficiently better to return to teaching. It is odd that, after Dr. Castiello opined that Respondent would need relatively intensive psychiatric treatment, Dr. Castiello never obtained the records of other psychiatric treatment, to which Respondent alluded, or discussed Respondent's assertion that the course of that treatment never required medication. For the most part, judging from Dr. Castiello's final report, he seems to have been impressed by Respondent's politeness and lack of pressured, frenzied speech, as well as vague assurances that Respondent had learned his lesson. Unless the lesson was not to pick up another moderately severe psychiatric disorder requiring relatively intensive psychiatric treatment, Dr. Castiello's reasoning remains elusive. Although it almost goes without saying that Dr. Castiello's diagnoses of severe illness and substantial recovery are entitled to no weight, he legitimately observed that his focus was on how Respondent responded to the paint problem, not on whether, eventually, Respondent was proved correct in his claims of toxicity. In February 2000, Petitioner assigned Respondent to teach at Palmetto Middle School. Respondent enjoyed his new assignment, at least for awhile. However, on November 3, 2001, the assistant principal, who had been a science teacher, conducted an observation of Respondent in his classroom. On December 5, 2001, the assistant principal met with Respondent and told him that she had found several deficiencies during the observation and offered him a professional growth team, which he declined. When she offered Respondent help, he told the assistant principal, who is black, that he had been beaten by a black administrator, and the matter was still in litigation. From the start, the observation had been an unofficial observation, meaning that the results would not go into Respondent's personnel file. When the assistant principal informed Respondent of this fact and that she would return for an official observation later, he angrily replied that, if he did not pass the next observation, the assistant principal would have a problem. He told her that he had been a Green Beret in the military and had a considerable background in science. Surprised by Respondent's response to a "freebie" observation, as she called it, and stunned by his threatening behavior, the assistant principal reasonably feared for her personal safety. During November 2001, probably between the observation and meeting with the assistant principal described above, Respondent also had a confrontation with students and a teacher. A teacher across the hall from Respondent had been late returning from lunch, so the students for her next class were milling about in the hallway, waiting for her. Respondent confronted the students and, thinking they were exceptional student education (ESE) students, called them a "bunch of L[earning] D[isabled] students" and said that "LD students were always in trouble." When the students yelled back that they were not LD students, Respondent said, "You're all a bunch of LD losers." As this exchange took place, the teacher who was the ESE department head was approaching the students and Respondent. Her first response was to turn to the students and tell them that LD students are not losers. As she did so, Respondent stood behind her, laughing. The ESE department head then followed Respondent into his room and demanded to know why he was saying such things about ESE students and saying them to other students. Respondent denied saying anything and added that the matter was not any of her business. After a couple of inconsequential exchanges between the two teachers, Respondent warned the ESE department head that she should not be "messing" with him and that he has sued people. The ESE department head told him to do what he wanted to do and that she was going to file a grievance. Twelve years ago, a science coordinator observed Respondent and found him deficient in preparation and planning, subject-matter knowledge, and instructional technique. Respondent's response was to say the science coordinator was unfair. Four years ago, a principal without a science background observed Respondent and found him deficient in preparing a lesson plan, classroom management, and instructional technique--two of the same areas identified in the assessment eight years earlier. Respondent's response was to fault the principal's lack of science background and, to his assistant principal, call the man a "nigger" and the observation "bullshit." Not satisfied, Respondent then threatened the assistant principal, who was merely trying to schedule a CFR. Still not satisfied, Respondent engaged in an altercation with the principal. Three years ago, an assistant principal with a background in science observed Respondent and found several deficiencies. Even though he had been out of work for one year as medically unfit and even though the assistant principal had told him that the observation and evaluation would not go into his personnel file, Respondent's response was to tell her that, if he failed the next observation, she would have a problem. In the same month, Respondent gratuitously confronted students whom he thought to be in the ESE program, demeaned such students, laughed as a teacher tried to repair the damage that he had caused, and, when confronted privately by the teacher, told her to mind her own business and threatened her. This is misconduct in office, and this misconduct is so serious as to impair Respondent's effectiveness as a teacher in the school system.
Recommendation It is RECOMMENDED that the Miami-Dade County School Board enter a final order dismissing Respondent and terminating his contract. DONE AND ENTERED this 13th day of May, 2003, in Tallahassee, Leon County, Florida. ROBERT E. MEALE 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 13th day of May, 2003. COPIES FURNISHED: Merrett R. Stierheim, Interim Superintendent Miami-Dade County School Board 1450 Northeast Second Avenue Number 912 Miami, Florida 33130-1394 Honorable Jim Horne Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Daniel J. Woodring, General Counsel Department of Education 325 West Gaines Street 1244 Turlington Building Tallahassee, Florida 32399-0400 Melinda L. McNichols Legal Counsel Miami-Dade County School Board 1450 Northeast Second Avenue, Suite 400 Miami, Florida 33132 Mark Herdman Herdman & Sakellarides, P.A. 2595 Tampa Road, Suite J Palm Harbor, Florida 34684
The Issue At issue in this proceeding is whether respondent committed the offenses set forth in the administrative complaint and, if so, what disciplinary action should be imposed.
Findings Of Fact Respondent, Fred J. Miller, currently holds Florida teaching certificate number 150969, covering the areas of elementary education, business education and administration, which is valid through June 30, 1992. At all times material hereto, respondent was employed as a teacher at Miami Park Elementary School in the Dade County School District. In the summer of 1990, S.L., a minor female student, was in respondent's fourth grade class at Miami Park Elementary School. On one occasion during such term, respondent observed that S.L. was not doing her school work and was instead drawing, contrary to instructions he had given earlier in the day. In response, respondent grabbed the paper upon which S.L. was drawing, crumpled it up and directed S.L. to stand in the corner. S.L. then opened the top of her desk to put her books away, and while her head was under the desk top respondent pushed the top down striking the back of S.L.'s head. Such contact apparently hurt S.L., since she then began to cry, but there was no compelling proof offered at hearing from which any reasonable conclusion could be drawn regarding the severity of the blow or any injury sustained. S.B. a minor male student, was also in respondent's fourth grade class at Miami Park Elementary School during the summer of 1990. On two occasions during such term, respondent made physical contact with S.B. The first occasion arose when S.B. and the other students in the class were lined up to go to lunch. During such time, S.B. was apparently talking and whispering to other students and respondent grabbed him by the arm, above the elbow, yanked him out of the line, and made him walk on the side of the line. S.B. averred at hearing that such action hurt and embarrassed him; however, there was no compelling proof regarding the severity of any harm or the degree of any embarrassment beyond what one would reasonably expect from having been disciplined. The second occasion arose when S.B. was apparently not doing his school work and was instead drawing. In response, respondent tore up the drawing, grabbed S.B. by the ear, pulled him up from his seat, and made him stand in the corner. Again, there was no compelling proof regarding the degree of harm, if any, occasioned by such contact, and S.B. offered no testimony that such action on respondent's part caused him to suffer any embarrassment. A.S., a minor male student, was also in respondent's fourth grade class at Miami Park Elementary School during the summer of 1990. At hearing, A.S. offered testimony regarding two occasions on which respondent made physical contact with him. The first occasion arose when A.S. was talking when he should not have been, and respondent pulled him by the ear and made him stand in the corner. There was, however, no proof at hearing that such conduct harmed or embarrassed A.S. The second occasion arose when the respondent "jacked up" A.S.; a phrase used to describe respondent grabbing the front of A.S.'s shirt and pulling him up. No proof was offered regarding the circumstances which surrounded this incident, and no showing of harm or embarrassment to A.S. In addition to the foregoing incidents, S.B. and A.S. also offered testimony regarding other occasions during the summer of 1990 when respondent made physical contact with other students in their fourth grade class. In this regard, S.B. offered testimony that respondent "snatched . . . [E.W.] . . . out of line about two times and yanked his ear too." And, A.S. offered testimony that respondent also "jacked up" other students when they misbehaved in class. There was, however, no proof offered regarding the circumstances surrounding these incidents, and no showing that such students were harmed or embarrassed by respondent's conduct.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is recommended that a final order be entered which finds respondent guilty of having violated the provisions of Rule 6B-1.006(3)(a), Florida Administrative Code, and thereby Section 231.28(1)(h), Florida Statutes, with regard to his conduct toward S.L.; which imposes the penalty recommended in paragraph 5 of the foregoing conclusions of law; and, which dismisses all other charges against respondent. RECOMMENDED in Tallahassee, Leon County, Florida, this 27th day of February 1992. WILLIAM J. KENDRICK 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 27th day of February 1992.
The Issue Whether Patrick M. Hill, Respondent, is guilty of immorality and misconduct in office as more specifically alleged in letters of April 6, 1990 and May 18, 1990.
Findings Of Fact At all times relevant hereto, Patrick M. Hill held a professional services contract with the Polk County School Board as a remediation teacher at Lakeland High School. He also served as wrestling coach and cross country coach at Lakeland High School. During the spring break of the 1989-90 school year, Respondent told some students they could earn some extra money if they helped him paint his house. Erik Greatens, an 18 1/2 year old senior, agreed to help, and he, with a 25 year old man, John, and Respondent, worked all day painting. Around noon that day when all were hot and thirsty, Respondent told them there was beer in his refrigerator. Both Erik and John accepted the offer. Erik had one beer. When they stopped painting around 5 p.m., Respondent told them he would order pizza if they wanted to return later. Erik accepted and went home to shower and change clothes. He returned around 6:30 p.m. and shared pizza with Respondent. Erik testified that he had only the one beer that day at Respondent's home and that his father permitted him to drink an occasional glass of wine at home. He did not drink beer or any other alcoholic beverage while at Respondent's home that evening. Around 8:30 p.m., Erik left Respondent's residence and went to the Publix parking lot to meet some friends. At the parking lot that evening with his friends, Erik consumed 11 or 12 cans of beer before driving the four or five blocks to his home. When he arrived, his mother was up and considered her son was inebriated and that he had received the beer at Respondent's home. At the time, Erik told her he had only the one beer at Respondent's home, but, from his condition, the mother was sure he had drunk more than one beer. The following day, Mrs. Greatens called the Superintendent's office to complain about Respondent providing Erik with beer. Based upon that complaint, Respondent was suspended from his position as teacher at Lakeland High School. The professional Practices Council of the State Department of Education was notified of the charge so they could institute an investigation to determine if Respondent's state certificate should be disciplined. To date, no charges have been brought by the Department of Education. Subsequently, Petitioner learned that Respondent had pleaded guilty in New Jersey to a charge of contributing to the delinquency of a minor in 1973. A copy of this court record was admitted into evidence as Exhibit 3. In 1973, Respondent was a tenured teacher in the school district of the Township of Pemberton, Burlington County, New Jersey. Charges were preferred against Respondent by the Board of Education, and an administrative hearing was held to determine if the charges and circumstances surrounding the charges warranted dismissal of Respondent from his position as a tenured teacher. Following that hearing, the hearing examiner submitted a report recommending the charge and evidence insufficient to warrant a dismissal or reduction in salary. The Commissioner of Education adopted the finding and recommendation of the hearing examiner. In the instant proceedings, Respondent testified to the facts regarding the 1973 incident. That testimony is essentially the same as found by the hearing examiner in 1973 reported in Exhibit 4 as follows: The testimony offered by the Superintendent of Schools and respondent's building principal was that respondent is a good teacher, as evidenced by his past evaluations, and his record has been unblemished since his employ- ment by the Board. This matter has been brought to the attention of the Commissioner solely because of an incident which occurred on March 8, 1972, and that incident alone is the basis for the Board's action. On the evening of March 8, 1972, respondent was returning to his home after working late at his school on some extra curricular project. The record shows that Respondent was very active in the school community, and that he coached sports activities, served on the executive board of the local P.T.A., and served as President of the Pemberton Township Police Athletic League, in addition to his regular teaching duties. Respondent testified that it was a rainy night. On his way home, he picked up a hitchhiker who told him that he had a job in north Jersey and was on his way to visit his father in the Tuckerton area (approxi- mately thirty miles away). Because of the late hour and the poor weather conditions, Respondent offered the hitchhiker a place to spend the night in his home and told him he would drop him off at the inter- section of Routes #9 and #37 the next morning on his way to school. The hitchhiker accepted the offer and spent the night in respondent's home. Respondent testified that he also offered the use of his telephone so the hitchhiker could call his father, but that he refused saying that he was not expected anyway. He testified fur- ther that nothing untoward happened that night and that he dropped the hitchhiker off at the named intersection the follow- ing morning on his way to school. Respon- dent did not know that the hitchhiker was a minor; neither his appearance, nor his conversation about holding a job in north Jersey, nor having a drink and avoiding the police, lead (sic.)Respondent to conclude that the hitchhiker was a minor. (Tr. 19-22) None of this testimony is refuted by the Board, nor were any witnesses pre- sented by the Board to give any other version about what allegedly occurred on the evening of March 8, 1972. The Board, however, grounds its action against Respondent on his subsequent arrest by the police and his later indictment by the Grand Jury of Ocean County. A change of plea to that indictment reads in pertinent part as follows: (P-1) The State moved under Rule 3:74 to amend the third count of the indictment to read `did contribute to the delinquency of a minor by permitting him to remain overnight without parental consent'. The Court so ordered. Patrick Hill sworn. (sic.) As a result of plea bargaining, the Defendant retracted his former plea of Not Guilty and entered a plea of Guilty to the amended third (3rd) count of [the Indictment). * * * In the hearing examiner's judgment, it would be wrong to speculate why Patrick Hill made the plea (P-1) rather than pursue some other defense of the original charges made against him. He testified that he made the change of plea because he did allow the youth to stay in his home overnight. Suffice it to say that he was represented by counsel and the record must now speak for itself. Respondent entered a plea of guilty (P-1) which the Commissioner must con- sider in making his determination. N.J.S.A. 2A:96-4 reads as follows: A parent, legal guardian or person having the legal custody or control of a child, who by any continued negligence or willful act, encourages, causes or con- tributes to the child's delinquency, or any other person who by any wilful act encourages, causes or contributes to a child's delinquency, is guilty of a misdemeanor. The hearing examiner found that the unrefuted testimony of respondent, and the absence of any proof of conduct unbecoming a teacher by the Board, leads to the conclusion that the only fact before the Commissioner is that respondent knowingly permitted a minor to remain in his home overnight without the consent of the minor's parents. Respondent testified without contradiction that he was told by his attorney that the conviction would be expunged and he could forget it. Accordingly, Respondent concluded, albeit erroneously, that he never would need to reveal this record. Respondent moved to Florida and was employed as a junior high school teacher at St. Joseph's School, Lakeland, Florida, from 1979 to 1986 when he was employed by the Polk County School Board to teach at Lakeland High School. While at St. Joseph's, Respondent continued his extracurricular activities similar to those in New Jersey coaching children in wrestling and track, and he was involved in national and statewide wrestling programs for children. When he started teaching at Lakeland High School, Respondent continued his coaching activities and his work with children. He has been involved with helping troubled adolescents at the Polk Correctional Institute, served on the Governor's Council on Health, Physical Education and sports, was awarded man of the year honors for the AAU Wrestling Division, took a group of young wrestlers to Germany two years ago (1988) in a cultural exchange program and coordinated a return visit of German youth wrestlers to Florida in 1989. Respondent has excellent rapport with his students and with the student's parents. The letters admitted into evidence in Exhibit 5 extolling the virtues of Respondent as a teacher, coach and individual are not the pro forma, perfunctory letters of recommendation usually presented, but clearly indicate heartfelt esteem, appreciation and admiration. Respondent has had no prior disciplinary actions brought against him while teaching in Florida schools.
Recommendation Considering the reputation of Respondent, his rapport with students and peers, the time he has devoted to developing children into responsible adults and the conclusions that the acts complained of do not constitute immorality but are minor infractions coming under the definition of misconduct in office, it is recommended that Patrick M. Hill be found guilty of misconduct in office and suspended without pay for four months. RECOMMENDED this 20th day of August, 1990, in Tallahassee, Florida. K. N. AYERS 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 20th day of August, 1990. COPIES FURNISHED: Donald H. Wilson, Jr., Esquire Post Office Box 391 Bartow, FL 33830 Arthur C. Fulmer, Esquire Post Office Box 2958 Lakeland, FL 33806 John A. Stewart Superintendent of Schools Post Office Box 391 Bartow, FL 33830 Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, FL 32399-0400 Martin B. Schapp, Administrator Professional Practices Services 352 Florida Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400
Findings Of Fact At all times material hereto, Respondent has been employed by Petitioner as a teacher pursuant to a continuing contract. At all times material hereto, Respondent has been assigned to Miami Southridge Senior High School where he taught advanced mathematics courses, such as trigonometry, calculus, and math analysis. At the request of a friend, on November 7, 1986, Respondent sent approximately two ounces of cocaine to his friend via United Parcel Service. He was subsequently indicted in the United States District Court for the Eastern District of Michigan. The indictment contained two counts alleging that Respondent was guilty of having committed a felony. The case was subsequently transferred to the United States District Court for the Southern District of Florida. Respondent pled guilty to Count 1 of that indictment and not guilty to Count 2. He was adjudicated guilty of Count 1, use of a communication facility for the commission of a felony in violation of Title 21, U.S.C., Section 843(b). Count 2 was dismissed. On August 8, 1990, he was sentenced to two years of probation, residency in a community treatment center with a work-release program for a period of three months, a fine in the amount of $1,000, and court costs in the amount of $50.00. The School Board of Dade County has demonstrated its concern for the problems created by drug abuse in the community. As a result of this concern, the School Board has established a drug-free work place policy, curricula for students, a trust counselor program, and an employee assistance program, all designed to combat drug abuse. Dismissal from employment is not an automatic consequence of a teacher's involvement with illegal drugs. Nor does a conviction of a felony automatically require that a teacher be terminated. Circumstances are taken into consideration. Teachers who use drugs are referred to the employee assistance program for help in overcoming their drug use. Teachers who attend the employee assistance program are not necessarily discharged from employment even though notoriety may have surrounded their drug usage. There is no allegation or evidence that Respondent has ever used illegal drugs. Similarly, there is no evidence or allegation that Respondent had any involvement with illegal drugs other than the occasion on which he mailed cocaine to his friend. Annual evaluations are performed on every teacher in the Dade County Public Schools. A teacher is rated either acceptable or unacceptable. Respondent has always been given an acceptable rating. On Respondent's 1984- 1985 annual evaluation, the principal of Miami Southridge Senior High School added the following comment: "Michael is a super teacher. Has outstanding relationships with students and peers. Contributes greatly to the school. Great!". On Respondent's 1985-1986 annual evaluation, his principal added the following comment: "Cooperative, positive and supportive. Encourages students to excel. Very competitive." On Respondent's 1986-1987 annual evaluation, which covered the time period when Respondent transmitted the cocaine to his friend, his principal wrote the following comment: "An outstanding teacher. Concerned and devoted." On Respondent's 1987-1988 annual evaluation, his principal wrote: "Displays confidence and poise in the classroom. Very devoted and conscientious." On Respondent's annual evaluation for 1988-1989 his principal wrote: "A very concerned and caring instructor. Contributes greatly to the overall operation of the school." Former students of Respondent testified in this proceeding. Some were his students subsequent to the date that he committed his criminal act. Respondent has inspired those students to study math, has helped them to learn to the extent that they receive "As" in their college math courses, and has taught them a love for math such that they are currently majoring in math on their way to becoming math teachers. Some of these students did poorly in math before having Respondent as a math teacher. These students have recommended to others that they take math from Respondent and hope that Respondent will still be available to teach math to their children. The principal at Miami Southridge Senior High School and the math department chairperson have no objection to Respondent being returned to that school to continue teaching math classes. The math department chairperson describes Respondent as a teacher who is excellent with children, far above the norm. She recognizes Respondent as having an unusual ability "to get difficult information across to the students" and have them enjoy it. No notoriety attached to Respondent's criminal act which occurred in November of 1986. He continued to teach until September 28, 1990, when Petitioner removed him from the classroom. All notoriety concerning Respondent's criminal act was caused by the Petitioner itself. Respondent's attorney advised Respondent's principal of the criminal conviction, and Respondent's principal then notified other employees of the Dade County Public Schools. As a result of the principal's notification, Respondent was removed from the classroom, at which time other School Board employees became aware of the problem. Thereafter, Petitioner determined to suspend Respondent and initiate dismissal proceedings, which determination then caused additional notoriety. Petitioner admits that any notoriety at the school site was not caused by Respondent's criminal act but rather was due to Respondent's removal from his classroom assignment.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered: finding that Respondent has been convicted of a crime involving moral turpitude; suspending Respondent without pay effective at the close of business on October 24, 1990, and continuing through the end of the 1990-1991 school year; and reinstating Respondent as a classroom teacher effective at the beginning of the 1991-1992 school year. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 12th day of March, 1991. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of March, 1991. APPENDIX TO RECOMMENDED ORDER Petitioner's proposed findings of fact numbered 2-7, and 13 have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed findings of fact numbered 1, 8, 9, 12, and 14 have been rejected as not constituting findings of fact but rather as constituting conclusions of law, recitation of the testimony, or argument of counsel. Petitioner's proposed finding of fact numbered 10 has been rejected as not being supported by the weight of the credible evidence in this cause. Petitioner's proposed finding of fact numbered 11 has been rejected as being irrelevant to the issues under consideration in this cause. COPIES FURNISHED: Honorable Betty Castor Commission of Education The Capitol Tallahassee, Florida 32399-0400 Madelyn P. Schere, Esquire School Board of Dade County, Florida 1450 Northeast Second Avenue, Suite 301 Miami, Florida 33132 Jesse J. McCrary, Jr., Esquire 2800 Biscayne Boulevard, Suite 800 Miami, Florida 33137-4198 Octavio J. Visiedo, Superintendent Dade County Public Schools School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact Respondent, Jean-Baptiste Guerrier (Guerrier), holds Florida Teaching Certificate No. 59692 covering the area of English which is valid through June 30, 1995. Guerrier was employed as a teacher at Miami Edison Middle School during the 1992-93 school year. On September 20, 1993, the following disciplinary action was taken by the Dade County School System against Guerrier for conduct unbecoming a school employee: Directives were issued to Respondent to refrain from making inappropriate remarks. Respondent was issued a letter of reprimand. Respondent was placed on prescription. Respondent received an unacceptable rating for Category VII and an overall summary rating of unacceptable on his 1992-93 TADS Annual Evaluation. On November 29, 1994, the Commissioner of Education issued an Administrative Complaint against Guerrier alleging that he made inappropriate comments of a sexual nature to three eighth grade female students during the 1992-1993 school year. Based on the evidence presented Guerrier did not make such comments. The Administrative Complaint alleged that Guerrier engaged in inappropriate behavior of a sexual nature with two eighth female students during the 1992-1993 school year. Based on the evidence presented Guerrier did not engage in such behavior. A teacher at Miami Edison Middle School observed Guerrier putting his arm around female students during the changing of classes. He did not identify the students. During these occasions, Guerrier's back was turned towards the teacher. The teacher characterized Guerrier as a gregarious teacher. During the 1992-1993 school year, Guerrier had three female cousins who were attending Miami Edison Middle School. Guerrier would put his arm around his cousins' shoulders when he would see them at school. Guerrier did not put his arm around any other female students.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Administrative Complaint against Jean-Baptiste Guerrier be DISMISSED. DONE AND ENTERED this 24th day of July, 1995, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 July, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-649 Neither Petitioner nor Respondent filed proposed findings of fact. COPIES FURNISHED: Karen Barr Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Ronald G. Stowers, Esquire Department of Education Suite 1701, the Capitol Tallahassee, Florida 32399-0400 William Du Fresne, Esquire 2929 Southwest 3rd Avenue, Suite One Miami, Florida 33129 Kathleen M. Richards, Administrator Professional Practices Services 352 Fla. Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The issues are whether Respondent, Camara Baiyna Njeri Tunsill, violated section 1012.795(1)(j), Florida Statutes, and Florida Administrative Code Rule 6A-10.081(2)(a)1., as alleged in the August 14, 2019, Administrative Complaint; and, if so, what disciplinary penalty should be imposed.
Findings Of Fact The Florida Education Practices Commission is the state agency responsible for investigating and prosecuting allegations of misconduct against individuals holding Florida educator certificates. Upon a finding of probable cause, Petitioner is then responsible for filing a formal complaint and prosecuting the complaint pursuant to chapter 120, Florida Statutes. At the time of the allegations contained in the Administrative Complaint, Ms. Tunsill held Florida Educator’s three-year non-renewable temporary certificate #1291027, which covered the areas of elementary education, English, and exceptional student education (ESE). Ms. Tunsill’s temporary certificate was valid through June 30, 2019, and has since expired.1 Ms. Tunsill received her undergraduate degree in English and African- American Studies in 2013. She began teaching as a substitute teacher in the LCSD in 2014, and remained a substitute teacher for the LCSD during the 2014-15 and 2015-16 school years. In August 2017, Ms. Tunsill started as a full-time teacher at Kate Sullivan. Ms. Tunsill was an ESE teacher, and also taught students with emotional behavior disorders (EBD), learning disabilities, special needs, and other exceptionalities. She taught third, fourth, and fifth-grade students in these categories. Mr. Bryan, the principal of Kate Sullivan, testified that Ms. Tunsill was “a very good teacher,” and rated her as “effective and highly- effective.” Ms. Tunsill received certification to teach as a substitute teacher in the LCSD in July 2013. On March 2, 2014, she completed a LCSD introductory teacher training. In March 2014, and in May 2016, Ms. Tunsill attended district-wide new employee orientation training. On September 20, 2018, she completed training in identifying and reporting child abuse and neglect. At the time of her employment, and for each school year that she was employed, LCSD had an Employee Handbook that Ms. Tunsill acknowledged that she had read. Although the Employee Handbook expressly states that it “is neither a contract nor a substitute for the official District policies and procedures[,]” it also states: All District employees are expected to comply with all appropriate policies and procedures. It is your supervisor’s responsibility to inform you of policies 1 Although Ms. Tunsill’s temporary certificate has expired, Respondent “may investigate or continue to investigate and take action on a complaint filed against a person whose educator certificate has expired if the act or acts that are the basis for the complaint were allegedly committed while that person possessed an educator certificate.” § 1012.795, Fla. Stat. most applicable to your position. However, you are encouraged to review policies at your site, the District office or online at http://www.neola.com/leon-fl/. At the time of her employment, LCSD had the following policies in effect, under the code 5350: student suicide prevention; and suicide intervention procedures. LCSD made these policies available to its employees. LCSD’s suicide intervention procedures state, in part: Parents/Guardians (herein “parents”), students, and school personnel have shared responsibility for being aware of suicide warning signs and bringing information regarding a student that may be contemplating suicide to the attention of school administrators and/or designated school personnel. * * * Suicide risk interviews shall be conducted solely by qualified school personnel. Qualified school personnel include certified school counselors, school psychologists, and school social workers and other school personnel selected by District and school administrators who have successfully completed the District-provided suicide risk interview training. Whenever possible, qualified school personnel conducting the suicide risk interview are familiar with and to the student. Suicide risk interviews shall not be conducted by personnel from outside agencies or private organizations. At Kate Sullivan, the qualified school personnel referenced in LCSD’s suicide intervention procedures are the guidance counselors, assistant principal, and principal. Ms. Tunsill testified that she was not aware of LCSD’s student suicide prevention or suicide intervention procedures, and that she never received any training about what to do in such a situation. As discussed below, the undersigned does not credit Ms. Tunsill’s testimony. 2017 Incident Ms. Wolak, who was a guidance counselor at Kate Sullivan during Ms. Tunsill’s employment, testified that she had previously informed Ms. Tunsill that, upon learning of a student’s threatened suicide, she was to immediately inform qualified school personnel at Kate Sullivan. Ms. Tunsill denies that this conversation happened. On October 31, 2017, a student in Ms. Tunsill’s class threatened suicide. Ms. Tunsill immediately reported this threat to Ms. Wolak, who thereafter conducted a suicide risk interview and informed Kate Sullivan’s principal, Mr. Bryan that same day, during school hours. With respect to this 2017 incident, Ms. Wolak testified that Ms. Tunsill acted in conformity with her instructions and LCSD’s student suicide prevention and intervention procedures. The undersigned finds that Ms. Tunsill was aware of LCSD’s student suicide prevention and intervention procedures, and how Kate Sullivan implemented these procedures, if not before, then immediately after the October 31, 2017, incident. Incident in Administrative Complaint The Administrative Complaint alleges the following: On or about September 25, 2018, Respondent failed to protect the safety and welfare of a student when she failed to immediately notify a relevant party that [the student], a fifth grade male Exceptional Student Education (ESE) student, made comments that he wanted to kill himself. Respondent allowed [the student] to leave the protection of the school grounds without ensuring that [the student] would be safe and protected. After a minimal effort to contact the school guidance counselor and/or the student’s parent, Respondent ceased efforts to protect [the student] until the following day. Subsequent to returning home, [the student] threatened to kill himself by stabbing and as a result was Baker Acted. The student at issue in this proceeding (student), who had been diagnosed previously with an EBD, was assigned to Ms. Tunsill’s classroom at Kate Sullivan for the 2017-18 and 2018-19 school years.2 The student’s mother testified that she had multiple telephone conversations with Ms. Tunsill about the student after his assignment to her classroom. The student’s mother stated: [Ms. Tunsill] would call me when [the student] had, you know, a difficult day. I contacted her when [the student] brought things up that I was concerned about that happened at school. [The student] had even called her on my cell phone just on his own to ask her questions. We had multiple text messages back and forth on that same cell phone. In a period of time of close proximity to September 25, 2018, the student’s mother testified that she spoke with Ms. Tunsill about the student’s mental health, as the student had recently suffered a panic attack. The mother texted Ms. Tunsill and asked her to be “very gentle with him, and to please call me if there were any thing that arises that I needed to be concerned about.” Ms. Tunsill denied that this communication took place. The undersigned finds the student’s mother’s testimony on these communications with Ms. Tunsill more credible. On September 25, 2018 (and well prior to that date), Mr. Sanders worked as a behavior specialist in Ms. Tunsill’s classroom. On this, and other dates, Mr. Sanders, and two paraprofessionals, worked in Ms. Tunsill’s classroom. On September 25, 2018, Mr. Sanders removed the student from Ms. Tunsill’s classroom because of his disruptive and aggressive behavior. Mr. Sanders placed the student in a time-out hallway outside of the classroom in an attempt to calm him down. 2 Mr. Bryan testified that the student was previously at another elementary school in Leon County, but because of his specific diagnosis, LCSD transferred the student to Ms. Tunsill’s classroom at Kate Sullivan, which had a specific program for the student’s EBD. After Mr. Sanders removed him from Ms. Tunsill’s classroom, at approximately 10:54 a.m., the student told Mr. Sanders that he intended to commit suicide, that he would record it on video, that it would be Mr. Sanders’s fault, and that Mr. Sanders would be fired. Mr. Sanders testified that after the student told him of the suicide threat, he reported this threat to Ms. Tunsill, at some time between 12:15 p.m. and 1:00 p.m. that day, because, as he testified, “that’s what I always do. I - - I notify the teacher.” Ms. Tunsill then tried to call Ms. Wolak, the guidance counselor, but was unable to reach her. Ms. Tunsill did not attempt to contact anyone else during the school day concerning the student’s reported threat. Ms. Tunsill required that the student remain in the time-out hallway for the rest of the day with Mr. Sanders. At 3:15—the end of the school day—Ms. Tunsill walked with the student to the ESE school bus. The student left campus on the ESE school bus and went home. At 5:50 p.m. that day, after the school day concluded, Ms. Tunsill sent an e-mail to Ms. Wolak that stated, “If you get a chance, come by my room tomorrow after school starts.” The e-mail did not mention anything about the student’s suicide threat. At 8:23 p.m. that evening, Ms. Tunsill sent a text message to the student’s mother that stated, “Are you able to speak with me briefly?” For reasons that the undersigned explains below, the student’s mother did not respond to Ms. Tunsill’s text. When the student arrived home that afternoon, his parents were at work. The student called his mother, and after their conversation, the mother concluded that the student was about to commit suicide. The mother left her office immediately and called her husband, who called law enforcement. Officer Salmonsen testified that he was in the area and responded to the call concerning a potential suicide. Officer Salmonsen entered the home and found the student sitting on a sofa with a “very large butcher knife positioned under his throat, near his chest, touching the skin.” Officer Salmonsen was able to negotiate with the student, and secured him (and the knife) until other officers arrived. When the other officers arrived, the student was taken into custody pursuant to the Baker Act. On September 26, 2018, at 7:43 a.m., Ms. Wolak responded to Ms. Tunsill’s e-mail from the previous afternoon, and stated, “I will, but it won’t be until after my classes. I have duty, then a meeting at 8:45, then class at 8:50.” At 7:49 a.m., Ms. Tunsill responded to Ms. Wolak’s e-mail, and stated, “Ok, thanks.” Then, at 11:06 a.m., Ms. Tunsill sent another e-mail to Ms. Wolak that stated, “Never mind.” Before reading the “never mind” e-mail, Ms. Wolak went to see Ms. Tunsill. Ms. Tunsill told Ms. Wolak of the student’s comments from the previous day, and that the student was not at school. Ms. Wolak immediately left to contact Mr. Bryan, the principal. Unable to reach Mr. Bryan, Ms. Wolak spoke to the assistant principal and then called the student’s mother and spoke to her. The student’s mother informed Ms. Wolak that the student had threatened to kill himself with a knife while at home the previous day, and had been Baker Acted. A short time later, Ms. Wolak spoke directly to Mr. Bryan. Mr. Bryan contacted the LCSD to inform them of this incident, and attempted to contact the student’s mother, who was too upset to speak with him. Thereafter, on September 27, 2018, the Department of Children and Families (DCF) received a report of the student’s attempted suicide, opened an investigation, and assigned Ms. Williams to investigate it. DCF informed LCSD of this investigation. Ms. Williams interviewed Mr. Bryan, Mr. Sanders, the student’s mother, and Ms. Tunsill. DCF thereafter closed its investigation, with a finding of “failure to protect” against Ms. Tunsill. On September 27, 2018, the Superintendent of LCSD also authorized an investigation of this incident. Mr. Williams interviewed Mr. Bryan, Mr. Sanders, the student’s mother, and Ms. Tunsill. LCSD also placed Ms. Tunsill on administrative leave, with pay, during the pendency of its investigation. Mr. Williams noted that prior to his interview of Ms. Tunsill, he informed her that she could have representation present during the interview. Mr. Williams also noted that on the day of her interview, October 5, 2018, he provided Ms. Tunsill with an “Employee Interview Preliminary Personnel Investigation Form,” which she read, initialed, and stated she understood. Ms. Tunsill acknowledged that LCSD gave her more than 48 hours to prepare for the interview, and that it had advised her of her right to representation during the interview.3 In her interviews with DCF Investigator Ms. Williams, and LCSD Investigator Mr. Williams, Ms. Tunsill admitted that she attempted to contact Ms. Wolak by phone with no answer, and e-mailed Ms. Wolak after the conclusion of the school day. At the conclusion of its investigation, LCSD concluded that Ms. Tunsill failed to promptly report a suicide threat made by one of her students while in her class to school administration or the student’s parents, in derogation of LCSD Policy 5230. LCSD further concluded that “this behavior constitutes a violation of s. 1012.795, F.S.” On October 17, 2018, Ms. Tunsill received a letter of reprimand from LCSD. It similarly concluded that Ms. Tunsill “failed to report a serious incident fully in conjunction with LCS[D] Policy 5350, Suicide Intervention Procedures, and failure to exercise the professional judgment expected of a Leon County Schools employee.” LCSD, thereafter, forwarded the findings of its investigation, and the letter of reprimand, to Petitioner. Ms. Tunsill provided a written response to LCSD’s letter of reprimand. 3 Throughout the final hearing, and her proposed recommended order, Ms. Tunsill (and her qualified representative) made numerous and various challenges and arguments that LCSD’s investigation was unconstitutional, was in violation of Title VII of the Civil Rights Act of 1964, and failed to accord her procedural due process. Such challenges and arguments are not appropriate for consideration in this administrative proceeding under chapter 120. Thereafter, Petitioner opened an investigation into Ms. Tunsill based on the LCSD’s investigation and letter of reprimand. As Ms. Tunsill’s Florida Educator’s 3-Year Non-Renewable Temporary Certificate expired on July 1, 2019, and because the instant matter has remained pending since that date, Petitioner has not considered Ms. Tunsill’s application for a Professional Educator’s Certificate, and Ms. Tunsill has been unable to teach in Florida for the current school year, 2019-20. Put another way, Ms. Tunsill has, thus far, effectively served nearly a one-year suspension from teaching without pay, during the pendency of this proceeding. Ms. Tunsill stated that she was unaware of LCSD’s Policy 5350, and that LCSD had never trained her on this policy, prior to the incident alleged in the Administrative Complaint. She further stated that she never discussed with Ms. Wolak any procedures or reporting requirements after learning of a suicide threat. The undersigned finds Ms. Tunsill’s testimony is not credible, based on her awareness of LCSD’s student suicide prevention and intervention procedures, and how Kate Sullivan implemented these procedures, if not before, then immediately after, the 2017 incident involving a separate suicide threat involving a student. Additionally, Ms. Tunsill acknowledged, each school year that she taught within the LCSD, that she had read the Employee Handbook, which encouraged employees to review LCSD policies. Ms. Tunsill further stated LCSD Policy 5350 provides that the student’s parents and Kate Sullivan administrators, but not her (because, as a teacher, she is not “designated school personnel”), shared in the responsibility for the student’s situation. This misses the point of this proceeding. Ms. Tunsill’s failure to inform any of those individuals in a timely fashion is the reason LCSD found that she failed to exercise professional judgment. It is clear from the testimony of Kate Sullivan employees, and a review of LCSD Policy 5350, that any student suicide threat must be taken seriously. Ms. Tunsill’s failure to act in a timely and serious matter to the student’s suicide threat on September 25, 2018, resulted in a serious incident at the student’s home that, thankfully, was not tragic. It is also clear from the testimony and evidence presented that Ms. Tunsill was otherwise an excellent and dedicated teacher who served the specific needs and challenges of her unique student population. Petitioner has established, by clear and convincing evidence, that Ms. Tunsill failed to make a reasonable effort to protect the student from conditions harmful to the student’s mental health, physical health, and safety.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the undersigned hereby RECOMMENDS that the Education Practices Commission enter a final order finding that Respondent violated the statutes and rules listed above, that her educator’s certificate be suspended for a period of twelve months, nunc pro tunc, from May 31, 2019, to May 31, 2020, and that she be placed on probation for a period of twelve months after her suspension. DONE AND ENTERED this 12th day of March, 2020, in Tallahassee, Leon County, Florida. S ROBERT J. TELFER III 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 12th day of March, 2020. COPIES FURNISHED: Gretchen Kelley Brantley, Executive Director Education Practices Commission Department of Education Turlington Building, Suite 316 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Camara Tunsill Apartment A 1577 Jacks Drive Tallahassee, Florida 32301 (eServed) Ron Weaver, Esquire Post Office Box 770088 Ocala, Florida 34477-0088 (eServed) Hakim Abdullah 1647 West 10th Street Jacksonville, Florida 32209 Matthew Mears, General Counsel Education Practices Commission Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed)
The Issue The issue in this case is whether there is just cause to terminate Respondent’s employment.
Findings Of Fact Mr. Overhoff began his employment with the School District on October 20, 2006, as a roofer in the School District’s maintenance department. As a roofer, Mr. Overhoff’s job duties included maintaining and repairing roofs of the School District’s schools and ancillary buildings. His duties also included procuring roofing materials needed on a job, when those materials were not available at the maintenance department’s central warehouse. The School District hired private contracting companies to do major roof repair, and Mr. Overhoff’s duties included meeting with the contractors to discuss the contract work being performed. At all times relevant to this case, Mr. Overhoff was a member of the Support Personnel Association of Lee County (SPALC). During June 27, 2008, through July 11, 2008, Mr. Overhoff resided at 4613 Vinsetta Avenue, North Fort Myers, Florida. Mr. Overhoff’s work hours were from 7:00 a.m. to 3:30 p.m. with a 30-minute unpaid lunch break and a 15-minute paid break in the morning and a 15-minute paid break in the afternoon. Mr. Overhoff reported to the School District’s maintenance office each morning to receive his work assignments for the day. Each employee was assigned more than eight hours of work to ensure that each employee would have sufficient work for the entire day. After receiving his work assignments, Mr. Overhoff gathered the materials he needed for his jobs that day and traveled to the various locations in the county to work on the School District’s buildings. He was expected to return to the School District’s maintenance office by 3:00 p.m. each day to complete the paper work for the roofing work that had been performed that day and to conference with his supervisors concerning work assignments. Mr. Overhoff was assigned a white pick-up truck owned by the School District and designated as M404. Mr. Overhoff was to use this vehicle to go to his work assignments pursuant to The School Board of Lee County Policy 7.04, which provides that employees who drive School District vehicles “shall [u]se the vehicle strictly for approved District business.” Sometime in April 2008, the School District received a call from a neighbor of Mr. Overhoff, who reported that a School District vehicle was parked in Mr. Overhoff’s driveway during work hours. Donald Easterly, the director of Maintenance Services for the School District, met with Mr. Overhoff in April 2008 to discuss the telephone call. Mr. Easterly made Mr. Overhoff aware that the use of a School District vehicle for personal use was prohibited and that personal business could not be conducted during work hours unless it was during a break. The School Board of Lee County Policy 5.33 prohibits the transaction of personal business on school time and provides: The following rules, regulations and guidelines are to be used to prohibit personal business on school time. No employee of the School District may conduct personal business on school time except for emergencies approved by the principal or Superintendent. No School District equipment or supplies shall be used to conduct personal business or any other activity not connected with the School District. During the time relevant to this case, employees in the maintenance department were allowed to stop at restaurants, convenience stores, and fast food establishments for their lunch and morning and afternoon breaks, if the stops were made while the employees were in transit to a job location. It had also been the practice to allow employees to stop by their bank, if the time was counted as break time, and the stop was while in transit to a job location. It was not permissible for an employee to use a School District vehicle to go to his home unless the employee had permission from his supervisor. In May 2008, the School District began installing Global Positioning Systems (GPS) on some of the vehicles used in the maintenance department. The selection of the vehicles for installation of a GPS was made at random. On June 2, 2008, a GPS was installed on the vehicle M404, which was driven by Mr. Overhoff. The superintendent of the School District has alleged in the Petition for Termination of Employment that Mr. Overhoff used a School District vehicle for his personal use on June 27, June 30, July 1, July 2, July 7, July 8, July 9, July 10, and July 11, 2008. Each day will be discussed individually below. On each day in question, Mr. Overhoff was driving the School District vehicle identified as M404. The locations to which the vehicle traveled and the times of arrivals and departures are based on the information captured by the GPS system installed in vehicle M404 during the relevant time periods. There has been no dispute concerning the accuracy of the information. At the end of each work day, Mr. Overhoff and other employees in the maintenance department were required to complete a daily labor sheet, which identified the work that was performed by work order number, task number, and description of the work; identified the location where the work was performed; and listed the amount of travel time and work hours for each work order. The time was to be listed in 15-minute increments. All locations where work had been performed were to be listed on the daily labor sheet. However, if an employee had to return to the maintenance department during the day, the time spent there was not usually recorded on the daily labor sheet. Mr. Overhoff had never been given any formal instruction on how to complete the daily labor sheet. He understood that the number of hours for travel and work should equal eight hours. His daily labor sheets did not always accurately reflect the locations at which Mr. Overhoff had stopped during the workday and did not always accurately reflect the time that he spent working at School District facilities. Prior to August 2008, the employees in the maintenance department were not required to list their break times on the daily labor sheets, and there was no requirement to list every stop made during the day. After August 2008, the maintenance department employees were required to accurately account for all their time during the day, including break times and stops at the maintenance department on Canal Street. June 27, 2008 On June 27, 2008, vehicle M404 was turned on at 6:29:07 a.m. at the maintenance department located at Canal Street. At 8:01:17 a.m., the vehicle entered the 7-11 store located at Southland Court, and, at 8:12:57 a.m., the vehicle departed the 7-11 store. At 8:31:17 a.m., the vehicle arrived at San Carlos Park Elementary School and remained there until it left at 9:19:27 a.m. The vehicle left San Carlos Park Elementary School and went to a Hess Station/Dunkin Donuts business, where the vehicle remained from 9:22:07 a.m. to 9:39:57 a.m. After leaving the Hess Station, the vehicle arrived at Lexington Middle School at 9:57:57 a.m. The vehicle departed the school at 10:16:17 a.m. and arrived at the Canal Street maintenance department at 10:40 a.m. The vehicle remained at the maintenance department until 11:01 a.m. The next stop for the vehicle was at 11:19:37 a.m. at Mr. Overhoff’s home, where the vehicle remained until 11:28:17 a.m. The vehicle left Mr. Overhoff’s home and went to One Price Optical in Cape Coral, Florida, where it arrived at 11:34:07 a.m. and left at 11:37:07 a.m. At 11:43:47 a.m., the vehicle arrived at Bank of America, and, at 11:44:17 a.m., the vehicle departed from the bank. The vehicle returned to Mr. Overhoff’s home at 11:51:58 a.m. and remained there until 11:53:17 a.m., when it departed for One Price Optical. The vehicle arrived at One Price Optical at 12:00:17 p.m. and left at 12:01:27 p.m. heading for Tanglewood/Riverside Elementary School, where it arrived at 12:22:37 p.m. and left at 12:37:47 p.m. The next stop the vehicle made was at another 7-ll store, where it arrived at 12:53:27 p.m. and left at l:01:57 p.m. The vehicle traveled past Mr. Overhoff’s house and arrived at One Price Optical at 1:18:17 p.m. and remained there until 1:33:47 p.m. From One Price Optical the vehicle proceeded to North Fort Myers High School, where it arrived at 1:38:37 p.m. and left at 1:52:17 p.m. From North Ft. Myers High School, the vehicle proceeded to the Professional Building on Dixie Parkway, arriving at 2:01:37 p.m. The vehicle remained stationary for 16 minutes and 40 seconds, circled the block around the Professional Building, and left at 2:21:37 p.m. From the Professional Building, the vehicle proceeded to Dunbar High School, arriving at 2:30:27 p.m. and leaving at 2:43:47 p.m. From Dunbar High School, the vehicle proceeded to the maintenance department at Canal Street, where it arrived at 2:53:47 p.m. Mr. Overhoff spent a total of 29.5 minutes in the morning at a convenience store and a service station. He spent from 11:01 a.m. to 12:01 p.m. on personal business, including stops at his home, a bank, and an optical business. The total time for his personal business was one hour. He left the maintenance department at 11:01 a.m. and could have taken his personal vehicle to run his personal errands and gone back to the maintenance department when he was finished. The locations where he conducted his personal business were northwest of the maintenance department. The next work assignment after he completed his personal business was located southwest of the maintenance department, which means that the errands that he was running were not on the way to a work assignment. In the afternoon, Mr. Overhoff stopped at another 7-11 store for 8.5 minutes, took a circuitous route by his home, and went back to One Price Optical. The amount of time that elapsed from the time he reached the 7-11 until he left One Price Optical was over 40 minutes. His home and One Price Optical were not located on a route that would have taken him logically to his next work assignment. Mr. Overhoff started his workday at approximately 6:30 a.m. Subtracting Mr. Overhoff’s lunch time and break times, Mr. Overhoff used .6 hours of work time above his allotted break times for his personal business. No evidence was presented to show that Mr. Overhoff took annual or sick leave for this time. Based on his daily labor sheets, Mr. Overhoff recorded eight hours of travel and work time for June 27, 2008. On June 27, 2008, a lens fell out of Mr. Overhoff’s glasses. Mr. Overhoff had permission from his supervisor, Michael Hooks, to go to an optical business to have the lens replaced. Mr. Hooks did not give Mr. Overhoff permission to stop by a Bank of America to conduct his banking business. The stop at the bank was not made while in transit to another job. Mr. Hooks did not give Mr. Overhoff permission to make multiple trips to One Price Optical. Mr. Hook had given Mr. Overhoff permission to stop by his house one time to check on Mr. Overhoff’s son. According to Mr. Overhoff, June 27, 2008, was the date that Mr. Hook had given him permission to stop to check on his son at home. Mr. Hook was not certain of the date that he gave such permission, but it was for one time only. June 30, 2008 Vehicle M404 left the maintenance department at Canal Street at 7:29:27 a.m. and arrived at Dunbar High School at 7:38:17 a.m. The vehicle left Dunbar High School at 7:38:17 a.m. and arrived at Kuhlman Concrete, LLC, at 7:40 a.m. The vehicle left Kuhlman Concrete, LLC, at 7:41 a.m. and arrived at North Fort Myers High School at 7:55:37 a.m. The vehicle left the high school at 8:50:27 a.m. and proceeded to Villas Elementary School, arriving at 9:02:47 a.m. and leaving at 9:31:57 a.m. The vehicle arrived at the James Adams Building at 9:45:37 a.m. and departed at 9:52:57 a.m., proceeding to a Hess Gas Station, where it arrived at 10:15:37 a.m. and left at 10:18:57 a.m. The next stop was at the North Fort Myers Academy of the Arts, where the vehicle arrived at 10:26:47 a.m. and departed at 10:41:17 a.m. The vehicle arrived at Diplomat Middle School at 10:59:27 a.m. and left at 11:35:37 a.m. From the Diplomat Middle School, the vehicle arrived at Mr. Overhoff’s house at 11:46:47 a.m., departed at 11:56:07 a.m., and arrived at North Fort Myers High School at 12:00:57 p.m. The vehicle did not stop at the school, but drove through the school grounds and left at 12:02:57 p.m. The vehicle turned in at Kentucky Fried Chicken at 12:21:57 p.m. and exited at 12:22:37 p.m. The vehicle proceeded to McDonald’s, arriving at 12:36:57 p.m. and leaving at 12:40:27 p.m. At 12:52:17 p.m., the vehicle arrived at Three Oaks Middle School and departed at 1:29:57 p.m. From the middle school, the vehicle proceeded to a Bank of America, arriving at 1:35:37 p.m. and leaving at 1:42:17 p.m. After leaving the bank, the vehicle went to South Fort Myers High School, arriving at 1:54:47 p.m. and leaving at 2:04 p.m. The next stop was Ray V. Pottorf Elementary School, where the vehicle arrived at 2:13:47 p.m. and left at 2:29:27 p.m. The vehicle proceeded to High Tech Central/New Directions, arrived at 2:37:57 p.m., drove through the campus, and exited at 2:44:57 p.m. At 2:54:07 p.m., the vehicle arrived at the maintenance department at Canal Street. Mr. Overhoff stopped at a convenience store for three minutes mid-morning. At lunch time, he stopped at his home for nine minutes. The stop at his home was not authorized and was not in transit to another job location. The travel time to and from his home was eight minutes. He turned into a Kentucky Fried Chicken restaurant for 40 seconds. According to Mr. Overhoff, he went into the Kentucky Fried Chicken parking lot to take a telephone call or open a work folder. The next stop is a McDonald’s fast food place where he remains for 3.5 minutes. According to Mr. Overhoff, this is another stop to do paperwork. In light of his earlier stop at Kentucky Fried Chicken, Mr. Overhoff’s testimony is not credited. Additionally, Mr. Overhoff’s general assertions that his many stops at convenience stores were to do paperwork is not credible. He was given 30 minutes at the end of each work day for the specific purpose of completing his paperwork. The many inaccuracies in his paperwork do not support his assertion that he was making stops to keep his paperwork accurate and in order. Later in the afternoon, he made a six-minute stop at Bank of America. The side trip to the bank did not appear to be on a logical route to his next work assignment. Thus, four minutes’ travel time is assessed for the bank trip. The total time for his personal business was 33.5 minutes. July 1, 2008 On July 1, 2008, vehicle M404 left the maintenance department on Canal Street at 7:03:37 a.m. and arrived at a gas station/convenience store off Metro Parkway at 7:10 a.m. Leaving the convenience store at 7:14 a.m., the vehicle proceeded to Three Oaks Middle School, arriving at Three Oaks Middle School at 7:39 a.m. and leaving at 8:16 a.m. From the middle school, the vehicle traveled to Ray V. Pottorf Elementary School arriving at 8:36 a.m. and leaving at 8:41 a.m. The vehicle returned to the maintenance department at 8:50 a.m. and remained there until 9:16 a.m. The vehicle proceeded to Bonita Middle School, arrived there at 9:52 a.m., and left at 10:22 a.m. The next stop was Orange River Elementary School, where the vehicle arrived at 11:01:27 a.m. and departed at 11:05:27 a.m. At 11:12 a.m., the vehicle stopped at a restaurant/convenience store and remained there until 11:33 a.m. The vehicle arrived back at the maintenance department at 11:41 a.m. and departed at 12:20 p.m. The vehicle arrived at Trafalgar Middle School at 12:55 p.m. and departed at 1:18 p.m. The next stop was Gulf Middle School, where the vehicle arrived at 1:27 p.m. and left at 1:40 p.m. At 1:48:57 p.m., the vehicle arrived at Bank of America off Skyline Boulevard. The vehicle left the bank at 1:56:07 p.m. From the bank at Skyline Boulevard, the vehicle proceeded to the Bank of America at Viscaya Parkway, arriving at 2:09 p.m. and leaving at 2:19 p.m. At 2:23:07 p.m., the vehicle arrived at One Price Optical. The vehicle left One Price Optical at 2:27:07 p.m. The next stop was the James Adams Building, where the vehicle arrived at 2:44 p.m. and left at 2:46 p.m. At 3:02:57 p.m., the vehicle was parked at the maintenance department. The stop at the convenience store in the morning consumed ten minutes of Mr. Overhoff’s morning break time. The lunch at a restaurant took 21 minutes. In the afternoon, Mr. Overhoff stopped at two banks for a total of 17 minutes. Another stop was made at One Price Optical for four minutes. The stop at One Price Optical was not authorized and, based on the map contained in Petitioner’s Exhibit 7, the trip was not on the route back to the next job location. Thus, the travel time from the last bank stop, four minutes, should be added to the time. The time expended on personal business was 56 minutes. July 2, 2008 On July 2, 2008, vehicle M404 left the maintenance department at 7:04 a.m. and arrived at the James Adams Building at 7:13 a.m. The vehicle left the James Adams Building at 7:56 a.m. and arrived back at the maintenance department at 8:05 a.m. The vehicle left the maintenance department at 8:27 a.m. and arrived at the 7-11 store off Metro Parkway at 8:33 a.m. The vehicle left the 7-11 at 8:37 a.m. and returned to the James Adams Building at 8:50 a.m. At 8:57 a.m., the vehicle left the James Adams Building and returned to the maintenance department at 9:04 a.m., where it remains until 9:26 a.m. The vehicle arrived at Fort Myers High School at 9:41 a.m. and left at 9:56 a.m. Arriving at Orange River Elementary at 10:18 a.m., the vehicle remained until 11:03 a.m. when it proceeded to the Taco Bell off Palm Beach Boulevard. The vehicle reached Taco Bell at 11:05 a.m. and left at 11:38 a.m. At 11:47 a.m., the vehicle arrived at Edgewood Academy, where it left at 11:50 a.m. The vehicle arrived at Dunbar High School at 11:59 a.m. and departed at 12:05 p.m. From Dunbar High School, the vehicle proceeded to Mr. Overhoff’s house, where the vehicle remained from 12:27:17 p.m. to 12:30:07 p.m. At 12:49 p.m., the vehicle arrived at the James Adams Building, where it remained until 12:57 p.m. From the James Adams Building, the vehicle proceeded to a 7-11 store located off Winkler and Colonial Boulevard. The vehicle arrived at the 7-11 at 1:09 p.m. and departed at 1:11 p.m. At 1:17 p.m., the vehicle arrived at Lowe’s Shopping Center off Colonial Boulevard and Ben C. Pratt Parkway. The vehicle left the shopping center at 1:27 p.m. The next stop was Colonial Elementary, where the vehicle arrived at 1:34 p.m. and departed at 1:36 p.m. The vehicle returned to the maintenance department on Canal Street at 1:47 p.m. and remained there. In the morning, Mr. Overhoff went to a convenience store, which was not in route to a job location. The time spent at the convenience store was four minutes and the travel time to and from the convenience store from the maintenance department was 12 minutes for a total of 16 minutes for his morning break. Mr. Overhoff had lunch at Taco Bell for 33 minutes. In the afternoon, Mr. Overhoff stopped at his home for almost three minutes; however, the stop at his home was not on route to any job location. Thus, the travel time to his home and back to the next job should be included in any break time. The travel time for the trip home was 41 minutes, and the total time taken for his trip home was 44 minutes. The stop at his home was not authorized. Mr. Overhoff’s excuse for the stop at his home was to get boots and use the bathroom. His testimony is not credited. Mr. Overhoff testified that he needed his boots to clean off water, but the job in which he had been cleaning off water was before he stopped at his home. In the afternoon, Mr. Overhoff stopped at a convenience store for two minutes and went to Lowe’s for ten minutes. The stop at Lowe’s was not authorized. The stops at the convenience store and at Lowe’s were not in transit to another job location. The travel time should be calculated based on the time it took to get from Lowe’s to his next work location, which was 14 minutes. The total time that Mr. Overhoff spent on personal business was 1.95 hours. Thus, Mr. Overhoff spent .95 hours above his allotted break time for his personal business. No evidence was presented that leave was taken, and his daily labor sheet showed that he worked for eight hours on that day. July 7, 2008 On July 7, 2008, vehicle M404 left the maintenance department on Canal Street at 7:22 a.m. and proceeded to a 7-11 at the corner of Winkler and Colonial Boulevard, arriving there at 7:33 a.m. and leaving at 7:38 a.m. The vehicle arrived at Ray V. Pottorf Elementary at 7:43 a.m. and left at 9:35 a.m. The next stop was Lexington Middle School, where the vehicle arrived at 9:51 a.m. and departed at 10:05 a.m. From Lexington Middle School, the vehicle went to Fort Myers Beach Elementary School, arriving at 10:18 a.m. and leaving at 10:22 a.m. The vehicle arrived at Tanglewood/Riverside Elementary School at 10:46 a.m. and left at 11:04 a.m. At 11:21 a.m., the vehicle returned to the maintenance department at Canal Street. Leaving the maintenance department at 12:04 p.m., the vehicle proceeded to Dunbar High School, arriving at 12:10 p.m. and leaving at 12:23 p.m. At 12:39 p.m., the vehicle arrived at Crowther Roofing and remained there until 12:52 p.m. The vehicle made another stop at One Price Optical at 1:12 p.m. Leaving One Price Optical at 1:21 p.m., the vehicle arrived at Taco Bell off Santa Barbara Boulevard at 1:27 p.m. and left at 1:46 p.m. The vehicle arrived at Mariner High School at 1:53 p.m. and departed at 2:09 p.m. At 2:14 p.m., the vehicle entered the Publix Shopping Center off Santa Barbara Boulevard, departing at 2:17 p.m. From 2:22 p.m. to 2:37 p.m., the vehicle was stopped at a warehouse. At 2:44 p.m., the vehicle arrived at Mr. Overhoff’s house, where it remained until 2:47 p.m. At 3:07 p.m., the vehicle returned to the maintenance department at Canal Street. Mr. Overhoff stopped at a convenience store for five minutes in the morning. In the early afternoon, he made a nine- minute stop at One Price Optical, which was not an authorized stop. He stopped at Taco Bell for 19 minutes. He went to a Publix Shopping Center for three minutes, to a warehouse for 15 minutes, and to his home for three minutes. The stops at the Publix Shopping Center, the warehouse, and Mr. Overhoff’s home were not authorized, were for personal business, and were not in transit to a job location. Thus, the travel time from the shopping center to his home, which totals 12 minutes should be added to the time taken for personal business. The total time for personal business on July 7, 2008, was 65 minutes, which was five minutes above the allotted break times. July 8, 2008 On July 8, 2008, vehicle M404 left the maintenance department at Canal Street at 7:44 a.m., arrived at ALC Central/New Directions at 7:53 a.m., and departed ALC Central/New Directions at 8:23 a.m. The vehicle returned to the maintenance department at 8:28 a.m. and remained there until 8:41 a.m. At 8:58 a.m., the vehicle arrived at Tropic Isles Elementary School and remained there until 9:37 a.m. From the elementary school, the vehicle proceeded to the 7-11 store located off Pondella and Orange Grove. The vehicle arrived at the 7-11 at 9:39 a.m. and left at 9:42 a.m. From the 7-11, the vehicle proceeded to New Directions, arriving at 9:55 a.m. and leaving at 9:57 a.m. The vehicle returned to the maintenance department at Canal Street at 10:03 a.m. and departed at 10:33 a.m. The next stop was Cypress Lake High School, where the vehicle arrived at 10:56 a.m. and left at 11:28 a.m. From Cypress Lake High School, the vehicle traveled to Bank of America off Cypress Lake Drive. The vehicle arrived at the bank at 11:30 a.m. and left at 11:38 a.m. From the bank, the vehicle arrived at the 7-11 store off Metro Parkway at 11:45 a.m. and departed at 11:55 a.m. After leaving the 7-11 store, the vehicle proceeded to South Fort Myers High School, arriving at 11:59 a.m. and departing at 12:31 p.m. The next stop was Roofing Supply Company, where the vehicle stopped at 12:46 p.m. and left at 12:59 p.m. The vehicle proceeded to New Directions and arrived at 1:07 p.m. The vehicle remained at New Directions until 1:53 p.m. From New Directions, the vehicle headed to the maintenance department at Canal Street, where the vehicle arrived at 2:06 p.m. and remained. Mr. Overhoff stopped at a convenience store in the morning for four minutes, at a bank for eight minutes at lunch time, and at a convenience store for ten minutes at lunch time. These stops were made in transit to a job location. July 9, 2008 On July 9, 2008, vehicle M404 left the maintenance department at Canal Street at 7:12 a.m. and arrived at the 7-11 store off Metro Parkway and Colonial at 7:23 a.m. The vehicle remained at the 7-11 store until 7:30 a.m., when it left for Six Mile Cypress School, arriving at 7:42 a.m. and leaving at 7:53 a.m. The next stop for the vehicle was The Sanibel School, where the vehicle arrived at 8:29 a.m. and departed at 9:19 a.m., headed for Bailey’s General Store off Periwinkle Way. The vehicle arrived at Bailey’s General Store at 9:25 a.m. Mr. Overhoff made an authorized purchase of a 6-volt lantern at the store and left the store in the vehicle at 9:35 a.m. to return to The Sanibel School at 9:42 a.m. The vehicle remained at The Sanibel School until 10:29 a.m. At 10:39 a.m., the vehicle arrived at the 7-11 store off Periwinkle Way, where the vehicle remained until 11:02 a.m. From the 7-11, the vehicle traveled to Riverdale High School, where it arrived at 11:53 a.m. The vehicle remained at Riverdale High School until 1:36 p.m. The next stop was a convenience store on Palm Beach Boulevard, where the vehicle arrived at 1:42 p.m. and left at 1:46 p.m. From the convenience store, the vehicle proceeded to Edgewood Elementary School, arriving at 1:59 p.m. and leaving at 2:09 p.m. From Edgewood Elementary School, the vehicle traveled to New Directions/ALC Central, arriving at 2:16 p.m. and leaving at 2:23 p.m. The next stop was Dunbar High School, where the vehicle arrived at 2:28 a.m. and left at 2:56 p.m. The last stop was the maintenance department at Canal Street at 3:00 p.m. Mr. Overhoff stopped at a convenience store early in the morning for six minutes, at another convenience store at mid-morning for 23 minutes, and at a convenience store in the afternoon for four minutes. These stops were in transit to job locations. July 10, 2008 On July 10, 2008, vehicle M404 left the maintenance department at 8:30 a.m. and arrived at the Hess Service Station off River Road at 8:50 a.m. The vehicle remained at the Hess Service Station until 8:53 a.m., when it departed for Lee County Electric Company off Electric Lane. The vehicle arrived at the utility company at 8:56 a.m. and left at 8:59 a.m. The next stop was North Fort Myers Academy of the Arts, where the vehicle arrived at 9:06 a.m. and departed at 9:40 a.m. From North Fort Myers Academy of the Arts, the vehicle proceeded to Hector A. Cafferata, Jr., Elementary School, arrived there at 10:07 a.m. and left at 10:47 a.m. The next stop was Ida S. Baker High School, where the vehicle arrived at 11:05 a.m. and left at 11:26 a.m. At 11:29 a.m., the vehicle arrived at Gulf Middle School and left at 11:45 a.m. From Gulf Middle School, the vehicle traveled to Three Oaks Elementary School arriving at 12:41 p.m. and leaving at 1:11 p.m. The vehicle next arrived at Bonita Springs Elementary School at 1:30 a.m. The vehicle left Bonita Springs Elementary School at 1:55 p.m. and arrived at Lowe’s at Rolfes Road at 2:27 p.m. Mr. Overhoff made an authorized purchase at Lowe’s, and the vehicle left Lowe’s at 2:54 p.m. and arrived at the maintenance department at 3:04 p.m. Mr. Overhoff stopped at a convenience store for three minutes in the early morning and at the electric company for three minutes. The stop at the electric company was not an authorized stop. July 11, 2008 On July 11, 2008, vehicle M404 left the maintenance department at Canal Street at 7:34 a.m. and arrived at the 7-11 store off Lee Boulevard at 8:00 a.m. The vehicle remained at the 7-11 until 8:04 a.m., when it departed for Veteran’s Park Academy, where it arrived at 8:18 a.m. and left at 9:58 a.m. From Veteran’s Park Academy, the vehicle traveled to North Fort Myers High School, where it arrived at 10:45 a.m. and departed at 11:38 a.m. The vehicle returned to the maintenance department at Canal Street at 12:03 p.m., where it remained until 12:24 p.m. From the maintenance department, the vehicle traveled to the 7-11 store off Pondella Road, where it arrived at 12:39 p.m. and left at 12:43 p.m. From the 7-11, the vehicle traveled to Mariner High School, where it stopped at 12:57 p.m. and left at 1:28 p.m. The next stop was Riverdale High School, where the vehicle arrived at 2:07 p.m. and departed at 2:17 p.m. After leaving Riverdale High School, the vehicle went to Bank of America, arriving at 2:20 p.m. and leaving at 2:24 p.m. The vehicle left the bank and headed to Dunbar High School, where it arrived at 2:44 p.m. and left at 2:51 p.m. The last stop for the vehicle was at the maintenance department at Canal Street at 2:56 p.m. Mr. Overhoff stopped at a convenience store for four minutes in the early morning, at a convenience store for three minutes at lunch time, and at a bank in the afternoon for four minutes. The stops were in transit to job locations. The School District initiated an investigation into Mr. Overhoff’s use of a School District vehicle for personal business while on School District time. A predetermination conference was held on September 25, 2008. Mr. Overhoff appeared at the predetermination conference along with a representative of the SPALC. At the conclusion of the investigation, the School District determined that probable cause existed to impose discipline on Mr. Overhoff. On December 18, 2008, Mr. Overhoff was suspended with pay and benefits. By Petition for Termination of Employment, the superintendent for the School District recommended to the School Board that Mr. Overhoff be terminated from his employment. Mr. Overhoff requested an administrative hearing. On February 24, 2009, the School Board suspended Mr. Overhoff without pay and benefits pending the outcome of the administrative hearing. Mr. Overhoff had no prior disciplinary actions taken against him while he has been employed with the School District. Prior to the incidents at issue, Mr. Overhoff had received good performance evaluations. He is regarded by the director of maintenance for the School District as a good roofer.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Mr. Overhoff violated The School Board of Lee County Policies 5.02, 5.29, 5.33, and 7.04; finding that Mr. Overhoff willfully neglected his assigned duties; suspending him from employment without pay from February 24, 2009, to September 30, 2009; and placing him on probation for one year. DONE AND ENTERED this 13th day of August, 2009, 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 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of August, 2009.
Findings Of Fact At the administrative hearing which was scheduled for the time and place shown above, Mr. Carlos Viciedo, Sr., father of the minor student named as Respondent herein, announced that his son, Carlos Viciedo, Jr., had been moved to Los Angeles, California, by his Mother. The student, Carlos Viciedo, Jr., has been enrolled in the school system of Los Angeles, and removed from the Dade County School system. The principal at South Miami Junior High School where Carlos Viciedo, Jr., was enrolled prior to the transfer to Douglas MacArthur Senior High School -- South, verified that papers have been received from the Los Angeles, California, school system to demonstrate that the student has requested a transfer from the schools in Dade County to the schools in Los Angeles. Mr. Carlos Viciedo, Sr., plans to join his family in Los Angeles, and the enrollment of his son in the school system there is permanent.
Recommendation On the basis of the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board of Dade County dismiss the proceeding it initiated to effect a transfer of the Respondent, Carlos Viciedo, Jr., from South Miami Junior High School to the Alternative Education Program at Douglas MacArthur Senior High School -- South. THIS RECOMMENDED ORDER entered on this 17th day of February, 1983. WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of February, 1983. COPIES FURNISHED: Michael J. Neimand, Esquire Suite 300 3000 Executive Plaza 3050 Biscayne Boulevard Miami, Florida 33137 Carlos Viciedo, Sr. 1122 Southwest 134th Place Miami, Florida 33183 Phyllis O. Douglas, Esquire Assistant Board Attorney Dade County Public School 1410 Northeast 2nd Avenue Miami, Florida 33132 Dade County School Board 1410 Northeast 2nd Avenue Miami, Florida 33132
Findings Of Fact Dwon Ballard attended North Miami Junior High School from September 1983, to January 1984, and from May 1984, until his reassignment on November 29, 1984. During these times, Dwon Ballard was involved in eight incidents of disruptive or rebellious behavior, including cutting class, truancy, leaving school ground without permission, defiance to a substitute teacher, fighting, and returning to school while on suspension. The final incidents which resulted in reassignment involved a fight on November 1, 1984, which resulted in a five day suspension and a fight on November 19, 1984, during which Dwon Ballard struck another student in the face without warning or provocation. This last incident resulted in a ten day suspension and a decision to reassign Dwon Ballard to the Miami Douglas McArthur Senior High School-North. Reasonable attempts were made to assist Dwon Ballard in resolving his problems. These attempts included counseling with Dwon Ballard and conferences with Ballard's mother and the students involved. The other students involved were initially disciplined, but were not reassigned to the opportunity school. The other students involved were responsible for the first fight in that they attacked Ballard. During the intervening time, they continually threatened Ballard, called him names, harassed and otherwise antagonized him. It is however admitted that Ballard made the first physical contact in the second fight. A review of Ballard's report card while attending Miami Douglas McArthur Senior High School-North shows that he has passing grades in all subjects. Prior to reassignment, Ballard was receiving a satisfactory mark in some subjects at North Miami Junior High School.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the School Board of Dade County enter a final order assigning Dwon Ballard to Miami Douglas McArthur Senior High School-North. DONE and ENTERED this 4th day of March, 1985, in Tallahassee, Florida. DIANE K. KIESLING Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 4th day of March, 1985. COPIES FURNISHED: Mitchell Horwich, Esquire 7900 N.W. 27th Avenue 149 West Plaza, Suite 210 Northside Shopping Plaza Miami, Florida 33147-4796 Mark A. Valentine, Esquire Assistant Board Attorney Dade County School Board 3050 Biscayne Boulevard Suite 800 Miami, Florida 33137 Dr. Leonard Britton Superintendent of Schools Dade County Public Schools Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132
Findings Of Fact At all times material to this proceeding, Petitioner was a duly constituted school board. At all times material to this proceeding, Respondent was employed by Petitioner as a continuing contract teacher. Respondent was assigned as a math teacher to Miami Senior High School, one of the schools in the school District of Dade County, Florida. On March 20, 1989, Respondent and J.R., a 14 year old male who was one of Respondent's math students, entered into a discussion in Respondent's classroom regarding two musical keyboards that Respondent was trying to sell. J.R. Was interested in purchasing a musical keyboard and had been told by Respondent that he had at his home two musical keyboards that he wanted to sell. J.R. wanted to inspect the two keyboards to determine whether he might be interested in purchasing one of them, but he wanted to wait until the weekend to look at the keyboards so that his father could accompany him when he went to Respondent's house. Respondent had other commitments and advised the student on March 21, 1989, that he would have to look at the keyboards that afternoon. On March 21, 1989, Respondent drove J.R. to Respondent's home for the stated purpose of allowing J.R. to examine the two keyboards. No one else was present at Respondent's home. Respondent showed J.R. the keyboards and quoted J.R. a price for each. When J.R. inquired as to terms of payment, Respondent asked J.R. if he wanted to watch a video with him and stated that he wanted to watch a video so that he could think. Respondent then led J.R. into a darkened bedroom that had, in addition to video equipment, only a chair and a bed. Respondent lay down on the bed and J.R. sat in the chair. Respondent then asked J.R. if he talked a lot or whether he could keep a secret. After J.R. said he did not talk a lot, Respondent showed J.R. a pornographic movie that depicted nudity and sexual intercourse. While watching the movie, Respondent told J.R. that he had seen with a "hard on" during his math class. Respondent then asked J.R. if he had ever measured the size of his penis. When J.R. replied in the negative, Respondent told him that he should. Respondent then asked J.R. whether he "jerked off" often. J.R. replied in the negative and left the room because he was uncomfortable being with Respondent under those circumstances. During the course of the foregoing conversation, Respondent was lying on a bed in this darkened bedroom watching the pornographic movie with this 14 year old student. Respondent then drove J.R. to J.R.'s home after he asked to leave. J.R. immediately reported the incident to his parents when he returned to his home. J.R.'s parents notified the police that evening and reported the incident to the appropriate school officials the next day. This incident caused notoriety which has impaired Respondent's effectiveness as a teacher. Respondent testified that nothing inappropriate occurred when J.R. inspected the keyboards at his home on March 21, 1989. Respondent testified that he and J.R. drove to his house after school so that J.R. could inspect the keyboards, that while at the house he and J.R. drank a soft drink, looked at the keyboards, and discussed watching a video of a popular movie. Respondent contended that he drove J.R. to J.R.'s home and that nothing else occurred. Respondent denied that he showed J.R. a pornographic video or that he engaged in sexually explicit conversations with J.R. Respondent contended that J.R. fabricated part of his testimony and offered two motives for J.R. to lie. First, Respondent contended that J.R. may have seen this situation as a means to get one of the keyboards from Respondent without having to pay for it. Respondent did not explain how J.R. expected to accomplish this. Second, Respondent contended that J.R. may have fabricated the story to avoid getting into trouble with his parents because they did not know J.R.'s whereabouts during the time he was at Respondent's house on March 21, 1989. These proffered motives as to why J.R. would lie lack credibility and are rejected. J.R. is a good student who had no motive to fabricate his testimony as to the events that occurred at Respondent's house. Respondent's version of the events of March 21, 1989, insofar as that version conflicts with J.R.'s testimony, lacks credibility and is rejected.
Recommendation Based on the foregoing findings of fact and conclusions of law it is RECOMMENDED that the School Board of Dade County, Florida, enter a final order which finds Jimmie D. Harris guilty of immorality and of misconduct in office, which affirms the suspension of Jimmie D. Harris without pay, and which terminates the continuing contract of Jimmie D. Harris. DONE AND ORDERED this 23rd day of March, 1990, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Jimmie D. Harris 13336 S.W. 112 Place Miami, Florida 33176 Frank R. Harder, Esquire Suite 100 - Twin Oaks Building 2780 Galloway Road Miami, Florida 33165 Madelyn P. Schere, Esquire School Board Administration Building 1450 Northeast Second Avenue Miami, Florida 33132 Dr. Joseph A. Fernandez Superintendent of Schools 1444 Biscayne Boulevard Suite 215 Miami, Florida 33132 APPENDIX TO THE RECOMMENDED ORDER IN CASE 89-3691 The following rulings are made on the proposed findings of fact submitted by Petitioner: The proposed findings of fact in paragraph 1 are adopted in material part by paragraph 1 of the Recommended Order. The proposed findings of fact in paragraph 2 are adopted in material part by paragraphs 3-5 of the Recommended Order. The proposed findings of fact in paragraph 4-6 are rejected as being subordinate to the findings made and to the conclusions reached. There is no paragraph numbered in Petitioner's post-hearing submittal. The following rulings are made on the proposed findings of fact submitted by Respondent: The proposed findings of fact in paragraph 1 are adopted in material part by paragraph 3 of the Recommended Order. The proposed findings of fact in the second sentence of paragraph 1 are rejected as being unnecessary to the conclusions reached. The proposed findings of fact in the first sentence of paragraph 2 are rejected as being subordinate to the findings made. The proposed findings of fact in the second sentence of paragraph 1 are rejected as being unnecessary to the conclusions reached. The proposed findings of fact in paragraph 3 are rejected as being unnecessary to the conclusions reached. The proposed findings of fact in the first sentence of paragraph 4 are rejected as being subordinate to the findings made. The remaining proposed findings of fact in paragraph 4 are rejected as being unnecessary to the conclusions reached. The proposed findings of fact in paragraph 5 are rejected as being unnecessary to the conclusions reached. The proposed findings of fact in paragraph 6 are rejected as being unclear and as being unnecessary to the conclusions reached. The proposed findings of fact in paragraphs 7-9 are rejected as being unnecessary to the conclusions reached. The proposed findings of fact in paragraph 10 are rejected as being conclusion of law.
