The Issue The issue for determination is whether Respondent's teaching certificate should be disciplined for alleged violation of various provisions of Section 231.28 (now Section 231.2615), Florida Statutes, and Rule 6B-1.006, Florida Administrative Code.
Findings Of Fact Respondent holds Florida Educator's Certificate No. 684345, valid through June 30, 2005, certified in the area of mentally handicapped education. At all times relative to these proceedings, Respondent was an employee of the Lake County School District (the District) as a teacher for mentally handicapped students at Lake Hills School. Respondent was terminated from her employment with the District on May 10, 2000, due to her absenteeism without leave and her gross insubordination as demonstrated by her refusal to report to her job assignment. Lake County School Board vs. Brenda Armstead, Division of Administrative Hearings (DOAH), Case No. 00-2752. Laurie Marshall, Principal of Lake Hills School, hired Respondent as a teacher in August 1994. Initially, Respondent was a good teacher. In late 1999, however, Respondent was arrested for stalking another person. Respondent had also started exhibiting strange behaviors. She became obsessed with legal matters and things other than her job as a teacher. Constantly on the telephone and typing letters on her classroom computer instead of teaching students, Respondent would wear latex gloves out of an unfounded fear of contracting disease. During the school year, Marshall removed Respondent from the classroom, whereupon Respondent began sending threatening letters to the principal. Respondent dated another teacher, Dennis Lauer, for about six years. The relationship was a rocky one. Altercations between the two were numerous. Respondent would call Lauer's home and the school countless times when she could not locate him at either place. Finally, Lauer terminated the relationship with Respondent in 1998. Contemporaneously with the termination of his relationship with Respondent, Lauer began to date Dr. Mary Ann Tesalona. Eventually Lauer and Tesalona became engaged. When Lauer was visiting Tesalona's house, Respondent would find out, telephone there, and harass the couple. Respondent also sent letters to Tesalona's family members, telling them that Tesalona was being used by Lauer. Employees who worked for Tesalona also received letters and telephone calls from Respondent. On several occasions, Tesalona asked Respondent to stop sending letters and faxes to her office and her family members. When Lauer would return to his home from visiting Tesalona, he would find notes and gifts at his door step left by Respondent. Lauer became so concerned that he contacted law enforcement. Finally, on one occasion Respondent followed Lauer and Tesalona and confronted them when they got out of their automobile. At this point, Tesalona sought and received an injunction against Respondent, prohibiting Respondent's contact with Tesalona. Eventually, Lauer was required to obtain an injunction against Respondent, who had a key to Lauer's apartment. Respondent would go to the apartment without Lauer's permission and remove items. By terms of the injunction, Respondent was prohibited from contact with Lauer. Despite the injunctions, Respondent continued to contact Lauer and friends of his for the next three or four years. Another female teacher who previously dated Lauer had also received harassing treatment from Respondent. Respondent made telephone calls and sent letters to the teacher about Lauer. Respondent also sent faxes to the teacher's principal. A major crime detective with the Lake County Sheriff's office was assigned to investigate stalking charges made against Respondent by Lauer and Tesalona. Respondent, when questioned by the detective about the quantity of telephone calls, letters, and cards sent by her to Lauer and Tesalona, admitted that she had "sent a lot" of such correspondence. She stated that she believed that God wanted her and Lauer to be together. Her attempts to breakup the relationship between Lauer and Tesalona, she told the detective, were part of a mission assigned to her by God. Respondent has filed numerous pleadings and complaints in courts and governmental agencies throughout the state of Florida regarding termination of her employment with the District. Also, Respondent has filed lawsuits against individuals. In some instances, she has demanded payment of monies in exchange for dropping the cases. Just prior to termination of her school employment by the district, Respondent had two teaching assistants. The assistants observed that Respondent limited her diet solely to baby food and 50 or more vitamins per day. Further, Respondent would sometimes simply stop working with students and begin writing numerous letters. On one occasion while scooting a student's chair up to the table, Respondent caused a student's hand to be mashed between the chair and table. The child started screaming. Respondent went into her office and then came back out, wondering aloud what was the child's problem. Respondent acted as though she were unaware of the problem or how the child's hand had gotten hurt. Respondent's "on the job" behavior as established by testimony at the final hearing was unique. Her overall behavior creates concern regarding the eccentric nature of Respondent, as well as concern for students who might be subjected to her care and tutelage.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is Recommended that a Final Order be entered finding Respondent in violation of Section 231.28(1)(f), as well as Section 231.28(1)(i), both now renumbered as Sections 231.2615(1)(f) and 231.2615(1)(i), respectively, Florida Statutes, as a result of her violation of Rule 6B-1.006(3)(a), Florida Administrative Code, and revoking her teaching license. DONE AND ENTERED this 4th day of June, 2002, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of June, 2002. COPIES FURNISHED: Brenda Armstead Rural Route 1, Box 1356 Kingwood, West Virginia 26537 Brenda Armstead 2828 61st Street, Apartment 603 Galveston, Texas 77551 Brenda Armstead Post Office Box 3398 Galveston, Texas 77552 Kathleen M. Richards, Executive Director Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400 Ron Weaver, Esquire 913 North Gadsden Street Tallahassee, Florida 32301 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224E Tallahassee, Florida 32399-0400
The Issue Whether the Respondent should be dismissed from his employment with the Miami-Dade County School District.
Findings Of Fact Petitioner is charged by Florida law with the operation, control, management, and supervision of all public schools within the Dade County School District. At all times material to the allegations of this case, Respondent, Maurice Cherry, was employed by Petitioner as a security monitor at Thomas Jefferson Middle School (TJMS). Sergeant Buck is a seventeen-year veteran police officer employed by the Metro-Dade Police Department. During the month of November 1996, Officer Buck was deployed in an undercover assignment related to activities and complaints at several adult bookstores. These complaints alleged lewd and lascivious acts were occurring on the premises of several named bookstores. While in his undercover capacity at or near one of the adult bookstores, Officer Buck met the Respondent. During this initial conversation with the Respondent, Officer Buck noted that the Respondent wore what appeared to be a school security jacket. Because Respondent made several suggestive sexual comments and verbal advances, Officer Buck determined to investigate the Respondent further as he was concerned that Respondent might be pursuing improper sexual conduct on school property with minors. In furtherance of his investigation, Officer Buck discovered that Respondent did, in fact, provide security monitor services at TJMS. The officer went to the school property and was attempting to verify that the security monitor employed at TJMS was the individual he had previously encountered at the adult bookstore site. While not expecting to run into Respondent, Officer Buck did make contact with the suspect in the school hallway. On this occasion Respondent ushered the police officer into a locked, second-story classroom (for which Respondent had the key) and engaged in conversation of a sexual nature. During the course of this brief encounter, Respondent grabbed Officer Buck in the groin area, and, as the police sergeant interpreted it, attempted to touch the officer's penis. Officer Buck resisted the sexual advance and, after making an excuse to Respondent, left the school premises. At no time during this episode did Respondent say or indicate to Officer Buck that students or minors were involved in any sexual activities with the Respondent. After several months of reassignment on another police project, Officer Buck returned to TJMS in April 1997 to resume his investigation of the Respondent. Again, his primary focus was to assure that the security monitor was not engaged in any sexual activities with minors. In this connection, Officer Buck approached the Respondent and engaged in conversation to determine if the Respondent would divulge any information related to minors. Respondent did not. It did not appear that Respondent was interested in minors. On the other hand, Respondent again attempted to make sexual contact with Officer Buck. Although during school hours and with students present on campus, Respondent ushered the undercover officer into a locked room, asked him to show him his penis, grabbed Officer Buck in the groin area as if to attempt to remove his penis from his pants, and exposed his own penis to Officer Buck. All of this occurred within a matter of moments. Since Officer Buck had sounded a verbal signal to officers who were waiting outside, police backups were making their way to the classroom where the officer and Respondent were located. Within a short time, Respondent was in police custody and was charged with criminal offenses stemming from the lewd behavior. This event made the evening television news. It was also covered by at least one prominent Miami-area newspaper. As a result of the publicity generated by Respondent's arrest, the principal at TJMS did not want the security monitor back at her school. Parents expressed concerns regarding Respondent and his presence at the school. The allegations related to Respondent's arrest resulted in a disturbance at the school such that to permit him to return would have caused additional turmoil and disruption. Such turmoil would result in the school system being brought into further disgrace and disrespect because of the unacceptable conduct Respondent exhibited. Respondent's effectiveness as a school security monitor has been greatly diminished as a result of his conduct and the resulting criminal charges. That the case was not criminally prosecuted does not mitigate the damage done to Respondent's effectiveness because, while he was not prosecuted, the lewd acts were committed on school property during the school day.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Miami-Dade County School Board enter a Final Order dismissing Respondent from his employment with the school district. DONE AND ENTERED this 27th day of August, 1998, in Tallahassee, Leon County, Florida. J. D. Parrish Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1998. COPIES FURNISHED: Carlos E. Mustelier, Jr., Esquire School Board of Miami-Dade County 1450 Northeast Second Avenue Suite 400 Miami, Florida 33132 Leslie A. Meek, Esquire United Teachers of Dade 2929 Southwest Third Avenue Suite One Miami, Florida 33129 Frank T. Brogan Commissioner of Education Department of Education The Capitol, Plaza Level 08 Tallahassee, Florida 32399-0400 Dr. Roger C. Cuevas, Superintendent School Board of Miami-Dade County 1450 Northeast Second Avenue Suite 400 Miami, Florida 33132
The Issue Whether Raymond Wantroba (Respondent), a teacher employed by the School Board of Broward County (School Board), committed the acts alleged in the Administrative Complaint filed by the School Board and, if so, the discipline that should be imposed against Respondent’s employment.
Findings Of Fact At all times material hereto, the School Board has been the constitutional entity authorized to operate, control, and supervise the public schools in Broward County, Florida; and Robert Runcie was Superintendent of Schools (Superintendent). Respondent has been employed by the School Board since 2004 and holds a professional services contract, issued in accordance with section 1012.33(3)(a). Respondent taught at Lyons Creek for nine years. Respondent has been employed as a teacher for over 25 years. During the 2012-13 school year, Respondent was assigned to teach physical education and a math class at Lyons Creek. Bernard Brennan also taught physical education at Lyons Creek during the 2012-13 school year. S.R., a 13-year-old male, was a seventh grade student at Lyons Creek during the 2012-13 school year. During that school year, Respondent taught S.R. physical education during fourth period, which was the first class after lunch. While the physical education class was coed, students would change from school clothes into gym clothes in non-coed locker rooms and change back into school clothes after concluding the class activity. S.R. had a locker, which he shared with A.D., another male student. S.R. and A.D. kept their school clothes in the locker while they were in their gym clothes. Mr. Brennan knew S.R. and he knew S.R.’s mother, who is a teacher at Lyons Creek. Mr. Brennan joked around with S.R. by hiding his shoes, a backpack, and a jacket on different occasions. Respondent did not typically joke around with S.R. On February 6, 2013, Respondent saw a group of eighth grade male students playing with a woman’s undergarment (lacy, purple panties) during his first period class. Respondent took the underwear and placed it in the office he shared with Mr. Brennan. During lunch hour on February 6, Mr. Barker was resting in Respondent’s office when Respondent placed the panties on Mr. Barker’s leg. Respondent used his cell phone to take a picture of Mr. Barker with the panties on his leg. Mr. Barker heard the cell phone take the picture, gave the panties back to Respondent, and left Respondent’s office. Mr. Barker did not see what Respondent did with the panties. On February 6 during Respondent’s class, S.R. and A.D. changed from their school clothes into their gym clothes. They placed their school clothing and school shoes in the locker they shared. S.R. and A.D. both testified that they locked the locker before leaving the locker room for the class activity.1/ Following the class activity, S.R. and A.D. began to change back into their school clothes. When S.R. tried to put his foot into his shoe, he discovered the panties stuffed into his shoe. When he took the panties out of his shoe, he was among between 30 and 40 classmates, many of whom laughed at him. Respondent was also present and laughed when S.R. took the panties out of his shoe. Respondent asked S.R. if the panties were his and if he wore them every day. S.R. was embarrassed by the incident. Respondent denied at the formal hearing that he put the panties in S.R.’s shoe, and he denied making the statements attributed to him by S.R. and A.D. That denial is not credible in light of the other, more credible evidence presented by the School Board. Respondent asserts that he put the panties in a communal locker near S.R.’s locker because Mr. Brennan wanted to put the panties in S.R.’s locker.2/ Respondent also asserted that he put the panties in the communal locker in an effort to ease his relationship with Mr. Brennan.3/ Mr. Brennan testified, credibly, that he knew nothing about the panties until the following day. S.R.’s mother heard about the incident the day it happened. That afternoon as they were walking towards her car to leave school, S.R. explained to his mother what had happened. S.R. and his mother immediately found an assistant principal and reported the incident. The school administration began an investigation into the incident the following day. On February 7, Respondent spoke to S.R. without any other adult present and asked him to “clear the air” with the school administration so he and Mr. Brennan would not get into trouble. S.R. did not know who put the panties in his shoe, but he suspected Mr. Brennan. The record is not clear as to what Respondent wanted S.R. to tell the school administrators. On February 8, Dr. Toomer sent Respondent a letter advising him that there would be a pre-disciplinary meeting conducted February 14. Respondent was advised he could be represented at that meeting. During the pre-disciplinary meeting on February 14, Respondent admitted to Dr. Toomer that he had placed the panties in S.R.’s locker. Respondent stated the he wanted to feel accepted by Mr. Brennan and Mr. Barker. Although there was no direct evidence that Respondent had a key or the combination to the lock on S.R.’s locker, his admission to Dr. Toomer establishes that Respondent put the panties in S.R.’s locker. Prior to the incident involving the panties, Respondent had been counseled about his classroom management, locker room supervision, behavior management, and his own behavior on occasions in 2006, 2007, 2009, and 2011. In May 2012, Respondent’s employment was suspended without pay for three days following his refusal to allow a student to use the bathroom. In January 2013, Debra Harrington, an assistant principal at Lyons Creek, counseled Respondent about the lack of adult supervision in the locker room. Ms. Harrington notified Respondent in writing as to her concerns and expectations (School Board’s Exhibit 11). Ms. Harrington advised Respondent that failure to adhere to her expectations could result in further discipline. Dr. Toomer recommended to the Superintendent that Respondent’s employment be terminated. In turn, the Superintendent recommended to the School Board that Respondent’s employment be terminated. On April 9, 2013, the School Board accepted the Superintendent’s recommendation that Respondent’s employment be terminated. The School Board suspended Respondent’s employment without pay and instituted these proceedings. With his mother’s approval, S.R. remained a student in Respondent’s fourth period physical education class until Respondent’s employment was suspended. Respondent testified that he did not intend to hurt any student and was remorseful for his behavior.
Recommendation The following recommendations are based on the foregoing Findings of Fact and Conclusions of Law: It is RECOMMENDED that the School Board of Broward County, Florida, enter a final order adopting the Findings of Fact and Conclusions of Law set forth in this Recommended Order. It is FURTHER RECOMMENDED that the final order suspend Raymond Wantroba’s employment without pay through the end of the 2013-2014 School Year. DONE AND ENTERED this 4th day of December, 2013, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of December, 2013.
The Issue The basic issue in this case is whether the Education Practices Commission should take disciplinary action against the Respondent's teaching certificate for the reasons set forth in an Administrative Complaint dated September 1, 1988. The Administrative Complaint alleges that the Respondent is incompetent to teach and that the Respondent's personal conduct has seriously reduced her effectiveness as a School Board employee. At the hearing, the Petitioner presented the testimony of two witnesses and offered five exhibits, all of which were received in evidence. No evidence was offered by or on behalf of the Respondent. A transcript of the hearing was filed on March 8, 1989, and on March 20, 1989, the Petitioner filed a proposed recommended order containing proposed findings of fact and conclusions of law. The Respondent did not file any post- hearing documents. The substance of all proposed findings of fact submitted by the Petitioner has been accepted and incorporated in the findings of fact in this Recommended Order.
Findings Of Fact Based on the evidence received at the formal hearing in this case, I make the following findings of fact: At all times material hereto, Respondent was employed by the Dade County School Board as a Science Teacher assigned to Kinloch Park Junior High School. During the 1982-1983 school year, an incident involving the Respondent and one of her students was brought to the attention of her principal, Henry J. Pollock. The incident involves an alleged act of child abuse, wherein the Respondent was reported to have struck one of her students with a ruler. The incident precipitated notices being sent to the HRS and the Special Investigative Unit of the Dade County School District. An investigation was ordered. During the investigation, the Respondent was requested to make contact with and participate in the Employee Assistance Program. This recommendation was based on not only the immediate incident under investigation, but also on the fact that the Respondent had shown great difficulty in coping with the work assignment. Further, the Respondent was observed losing her temper and reacting to students in a way that was not acceptable. A follow up by the Respondent's principal revealed that the Respondent had refused to participate in the Employee Assistance Program. Thereafter, the Respondent sought and obtained a leave of absence. The basis of the request was for medical reasons. The Respondent's initial leave of absence was scheduled to end on May 10, 1984, but was extended to June 1984 based on a physician's statement from a Dr. Strobino in Rochester, New York. In June of 1984, the Dade County School District sent a letter to the Respondent informing her that in order to extend her leave of absence for the 1984-1985 school year, certain additional documentation would be required. The Respondent submitted a report from Dr. Strobino, dated July 18, 1984. In part, the doctor noted that "[Respondent] was still under his professional care, she remained ill, was unable to continue with her duties as a school teacher for a period of one year...." Leave was granted for the 1984-1985 school year. The Respondent made an additional request for a leave of absence for the 1985-1986 school year. In support of this request, the Respondent submitted a report from a Dr. Agostinelli, of Rochester, New York. The report was dated May 23, 1985. Essentially, the physician diagnosed the Respondent as suffering from "a moderate situational anxiety and depression." In May of 1986, the Respondent was notified by Dr. Gray's office of a scheduled "conference for the record" to be held on September 2, 1986. The Respondent appeared at the conference, and at the conclusion of the conference, she agreed to be examined by a Dr. Gail Wainger, M.S., who is a licensed psychiatrist. Dr. Wainger's report concluded that the Respondent could return to work if she remained in active psychiatric treatment. The Respondent never initiated the required psychotherapy. Instead, the Respondent remained in an unauthorized absence or absent-without-leave status until she retired in lieu of dismissal. The Respondent's retirement was effective June 24, 1987. During the ensuing months and up through the pleading stage of these proceedings, the Respondent has demonstrated that she not only does not wish to retain her teaching certificate and/or her eligibility to renew same, but is not emotionally stable enough to carry out her responsibilities as a member of the teaching profession. By her own admission, the Respondent is suffering from paranoid schizophrenia and is unable to teach school. This condition and the conduct associated with the condition has seriously reduced the Respondent's effectiveness as an employee of the School Board.
Recommendation On the basis of all of the foregoing, it is recommended that the Education Practices Commission issue a final order in this case suspending the Respondent's teaching certificate for a period of three years. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 18th day of April 1989. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of April, 1989. COPIES FURNISHED: Craig R. Wilson, Esquire Flagler Court Building 215 5th Street Suite 302 West Palm Beach, Florida 33401 Ms. Elaine Daggar 605 21st Place, East Bradenton, Florida 34208 Mr. Martin Schapp, Administration Professional Practices Services 319 West Madison Street Room 3 Tallahassee, Florida 32399 Karen B. Wilde Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32399 Sydney H. McKenzie, Esquire General Counsel Office of the Commission of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400 =================================================================
The Issue The issues presented are whether Respondent committed the acts alleged in the Administrative Complaint and by doing so violated Sections 1012.795(1)(d), 1012.795(1)(g) and 1012.795(1)(j), Florida Statutes (2008),1/ and Florida Administrative Code Rule 6B-1.006(3)(a), (e) and (f). If one or all of the violations alleged are proven, what penalty would be appropriate?
Findings Of Fact Respondent is licensed as a teacher in Florida, and has been issued Florida Educator's Certificate 449960. Her certificate covers the area of mentally handicapped, and expires June 30, 2013. During the 2008-2009 school year, Respondent taught at Chaffee Trail in Duval County, Florida. She was assigned as an exceptional education teacher in a self-contained classroom for trainable mentally handicapped students in the first through third grades. Respondent generally had eight to eleven students in her class, and was aided by a paraprofessional, Julie Brooke. Respondent's classroom was on the first-grade hallway. One of Respondent's students was a nine-year-old named C.L. C.L. was a thin, frail, African-American student who, at the time of the incidents giving rise to these proceedings, was approximately four feet, four inches tall and weighed approximately 60 pounds. He was described as very low functioning, with an IQ in the 40's. Despite his significant limitations, C.L. was an active, friendly child who had a tendency to wander and needed redirection. His IEP included specific strategies for dealing with behavior problems in the classroom. Ms. Brooke worked with C.L. daily and he often sat at her desk to work on his assignments. They got along well together. November 18, 2008 On November 18, 2008, there were only four or five students in Respondent's class, because a number of students were absent. That morning, Ms. Brooke took another student to the office because he had been misbehaving. On her way back to Respondent's classroom, she heard loud voices and screaming coming from Respondent's classroom and recognized the voices as those of Respondent and C.L. When she entered the classroom, Ms. Brooke saw Respondent sitting in an office chair, holding C.L. face down on the floor with both of his arms twisted behind his back. Respondent appeared to be pushing C.L. down so that his face and body were pressed against the floor. C.L. was screaming and crying and appeared to be frightened. Ms. Brooke walked over to her desk and sat down. C.L. wanted to go over to Ms. Brooke, but was not allowed to do so. Respondent let him get up, but pinned him into the corner of the classroom near the door, by hemming him in with her chair. Respondent was facing C.L. and pressing the chair against his body, while he continued to scream and cry. About this same time, Assistant Principal Wanda Grondin received a call from a substitute teacher in another classroom on the first-grade hallway, complaining that there was yelling going on that was disturbing her classroom. Ms. Grondin went to the first-grade hallway, and could also hear yelling that was coming from Respondent's classroom. As Ms. Grondin approached the classroom, the yelling stopped. As she entered the room, she saw Respondent sitting in the office chair, with C.L. pinned in the corner of the room, held there by Respondent's chair. C.L. was crying and fighting back. Respondent indicated that he had refused to do something and she was trying to calm him down to give him options. Upon Ms. Grondin's arrival, Respondent slid her chair back, and C.L. fell into Ms. Grondin's arms, crying. Respondent told C.L. that he could now go to Ms. Brooke. C.L. went to Ms. Brooke and she comforted him and gave him some work to do. Later in the day, Ms. Brooke reported to Ms. Grondin that another child in the classroom, M.C., had reported to Ms. Brooke that Respondent had twisted C.L.'s arm and had locked him in the closet in the classroom. Although there was testimony presented regarding conversations that Ms. Grondin, the principal and the guidance counselor had with M.C., and his description of what allegedly happened to C.L., neither M.C. nor any other person who actually witnessed C.L. being locked in the closet testified at hearing. December 16, 2008 Brian Harvell is a first-grade teacher whose classroom is across the hall from Respondent's. On December 16, 2008, he was in his classroom when he heard loud voices and banging noises. Mr. Harvell walked out into the hallway and saw Respondent with C.L., struggling in the doorway. Respondent had her back against the doorframe, and one arm around D.L.'s torso and one of C.L.'s arms twisted behind his back. Mr. Harvell approached Respondent and C.L., and she stated, "Look what's happening in my classroom." When he looked past her, it appeared that a desk had been turned over. C.L. was squirming and crying out while Respondent restrained him. At that point, Mr. Harvell stated, "C.L., come to me." Respondent released C.L. and he walked over to Mr. Harvell, who took him to his classroom. In the classroom, he showed him a carpeted area and a toolbox full of cardboard books. C.L. sat and played quietly for approximately 15-20 minutes, until Ms. Brooke came for him. Mr. Harvell reported the incident to Ms. Grondin. It is not appropriate to control a student by twisting his arm behind his back, pinning him into a corner, or pushing his face toward the floor. It is especially inappropriate to subject a small, frail, mentally handicapped child of C.L.'s size and capacity to such methods of restraint. Respondent was removed from Chaffee Trail on December 19, 2008, as a result of the incidents involving C.L. Her employment with the Duval County School District was terminated in February 2009. The allegations against Respondent were reported in both the print and broadcast news media. The incidents in question also prompted complaints to be filed with the Department of Children and Family Services, and investigations were conducted by DCFS to determine whether there were indicators for child abuse. However, the investigations by DCFS do not address violations of professional standards governing teachers, and the findings are a result of evidence that is different from that presented at the hearing in this case.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That the Education Practices Commission enter a Final Order finding that Respondent violated Subsections 1012.795(1)(d),(g) and (j), Florida Statutes, and Florida Administrative Code Rules 6B-(3)(a),(e) and (f), and permanently revoking her certificate. DONE AND ENTERED this 24th day of November, 2010, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON 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 24th day of November, 2010.
The Issue The issues in this case are whether Respondent violated Subsections 1012.795(1)(c), 1012.795(1)(f), and 1012.795(1)(i), Florida Statutes (2005), and Florida Administrative Code Rule 6B-1.006(3)(a), and, if so, what discipline should be imposed.
Findings Of Fact Ms. O’Neill holds Florida Educator’s Certificate No. 470617, covering the areas of early childhood development and elementary education, which is valid through June 30, 2007. At all times material to this proceeding, Ms. O’Neill was employed as a third grade teacher at Lakemont Elementary School (Lakemont) in the Orange County School District (School District). Dr. Susan I. Stephens has been the principal at Lakemont for 12 years. Dr. Stephens was Ms. O’Neill’s supervisor at Lakemont. On September 30, 2005, Dr. Stephens received a call late in the afternoon from a student’s parent complaining that she had smelled alcohol on Ms. O’Neill’s breath during a teacher-parent conference a few days before the call. Dr. Stephens went to Ms. O’Neill’s classroom to discuss the issue with Ms. O’Neill, but Ms. O’Neill had left for the day. The following Monday morning, October 3, 2005, Dr. Stephens confronted Ms. O’Neill in her classroom before school started about the allegations made by the parent. At that time, Dr. Stephens smelled alcohol on Ms. O’Neill’s breath. When Dr. Stephens told Ms. O’Neill that the parent wanted the child removed from her class, Ms. O’Neill acted very nonchalant and began to talk about other things that were not responsive to the issue being discussed. Dr. Stephens has had training to detect the use of alcohol and was of the opinion that Ms. O’Neill was under the influence of alcohol. After her discussion with Ms. O’Neill, Dr. Stephens sent her assistant principal, Randall Hart, to talk with Ms. O’Neill and to observe her. Mr. Hart returned and reported to Dr. Stephens that he also smelled alcohol on Ms. O’Neill’s breath and thought that Ms. O’Neill had been “acting differently.” By the time Mr. Hart had returned from observing Ms. O’Neill, students were arriving in the classroom. Dr. Stephens sent Mr. Hart back to Ms. O’Neill’s classroom to remain in the classroom while the students were present. Dr. Stephens called the Employee Relations Office of the School District and was given the name of a principal in a nearby school, who was trained in the detection of the use of alcohol. Dr. Stephens contacted the principal, Suzanne Ackley, and asked her to come and observe Ms. O’Neill. Ms. Ackley and Dr. Stephens went to Ms. O’Neill’s classroom. The students in Ms. O’Neill’s class had been sent to other classes for art, music or physical education. Ms. O’Neill was “giggly” and was slurring her words. She talked about things which were not related to the issues raised by the two administrators. Ms. Ackley agreed that Ms. O’Neill was under the influence of alcohol. Dr. Stephens and Ms. Ackley went back to Dr. Stephens’ office and called the Employee Relations Office for guidance. They returned to Ms. O’Neill’s classroom, and Dr. Stephens asked Ms. O’Neill to accompany her to an alcoholic testing center. At first, Ms. O’Neill agreed to do so, but wanted to go home first and get her medications. Dr. Stephens refused to let her go home before going to the test center. Ms. O’Neill then refused to go for testing and left her classroom headed for her car. Dr. Stephens did not feel that Ms. O’Neill should be driving in her condition and followed Ms. O’Neill to her car. Dr. Stephens had called for the police officer who was the school resource officer to meet them at Ms. O’Neill’s car. The police officer, Lina Strube, had over nine years of experience and had been trained to detect when a person was under the influence of alcohol. By the time Officer Strube got to the parking lot, Ms. O’Neill was in her car driving toward Officer Strube. Before Ms. O’Neill could get to the gate of the parking lot, Officer Strube stopped her and asked her to roll down her window, which Ms. O’Neill did. Officer Strube could smell alcohol on Ms. O’Neill’s breath and told Ms. O’Neill that she wanted to talk to Ms. O’Neill. Ms. O’Neill became agitated, and Officer Strube had to call for assistance. Based on her experience and training, Officer Strube felt that Ms. O’Neill was under the influence of alcohol. As a result of the incident on October 3, 2005, Ms. O’Neill employment with the School District was terminated. Ms. O’Neill’s was under the influence of alcohol while in the classroom and such conduct seriously reduced her effectiveness as an employee of the School District and showed her failure to make a reasonable effort to protect her students from conditions that are harmful to learning and/or to the students’ mental health or physical safety.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of violating Subsections 1012.795(1)(c), 1012.795(1)(f), and 1012.795(1)(i), Florida Statutes (2005), and Florida Administrative Code Rule 6B-1.006(3)(e) and revoking her educator’s certificate for two years. DONE AND ENTERED this 30th day of June, 2008, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 30th day of June, 2008. COPIES FURNISHED: Ron Weaver, Esquire Post Office Box 5675 Douglasville, Georgia 30154-0012 Michele O'Neill 110 Wigwam Place Maitland, Florida 32751 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 Deborah K. Kearney, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Marian Lambeth, Bureau Chief Bureau of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida, 32399-0400
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against her, and, if so, what disciplinary action should be taken against her, if any.
Findings Of Fact At all times material hereto, Respondent has held a teaching certificate issued by the State of Florida, valid through June 30, 2002. At all times material hereto, Respondent was employed by the School Board of Miami-Dade County, Florida, as a language arts (English) teacher, assigned to Lake Stevens Middle School and subsequently assigned to her own home as an alternate work site. On May 4, 1995, Lucille Collins, an assistant principal at Lake Stevens, conducted a conference with a student, that student’s parent, and Respondent. During the conference, Respondent became enraged and began shouting at Collins. Collins terminated the conference and attempted to return to her office. Respondent followed her, continuing to shout as the two proceeded toward Collins’ office. The student and the parent witnessed Respondent's behavior. On February 8, 1996, Assistant Principal Collins convened a conference with Respondent and Dorothy Johnson, the principal’s secretary, to address conflicts between Respondent and Johnson. Toward the end of the meeting, Respondent became agitated. She began shouting at Collins and trying to provoke another argument with Johnson. On May 2, 1996, Respondent entered the teachers’ workroom and started yelling at Collins. Collins directed Respondent to stop and to come meet with her privately, but Respondent refused twice to meet with Collins. Respondent remained “out of control” and continued yelling as she moved through the office and out into the hall near the cafeteria. On May 15, 1996, Collins conducted a TADS observation of Respondent. A TADS observation is an extended and formal observation of a teacher in a classroom to determine if the teacher possesses the minimum competencies required of a classroom teacher. The trained observer is required to assess six categories that must be deemed satisfactory in order for the teacher to receive an acceptable evaluation. The teacher undergoing the TADS observation is required to submit to the observer lesson plans, student folders, and the grade book. On that day Respondent was unable to produce a lesson plan or grade book. Respondent was given five days to produce the required materials. As of May 20 Respondent had not complied. However, she did eventually comply, and the TADS observation showing Respondent was deficient was then voided. On October 2, 1996, Dr. James Monroe, Executive Director of the Office of Professional Standards for the Miami- Dade School Board, directed Respondent to attend a conference- for-the-record on October 7. The purpose of the conference was to address an act of battery by Respondent and her fitness for future employment. Respondent attended the meeting. At the meeting, she was referred to Dr. Michael Hendrickson for a psychological evaluation. Respondent went to Hendrickson who opined that Respondent was able to return to her teaching duties, with the following recommendations: (1) that Respondent seek help through the School Board’s Employee Assistance Program; (2) that Respondent undergo a neurological examination to rule out any neurological problems; and (3) that Respondent undergo psychotherapy once a week for a year. Based upon that evaluation, Respondent was permitted to return to her classroom. Shortly thereafter, an event known as “Back to School Night” was held at Lake Stevens. During that evening, teachers at Lake Stevens are required to be present in their classrooms to meet with parents. Respondent did not attend and did not advise the administrators at the school that she would not attend. Several parents complained to the principal and to Assistant Principal Collins that Respondent was not in attendance and that they were concerned because they had not received progress reports from Respondent and did not know if their children were passing or failing in Respondent’s class. Due to the parents’ concerns, the principal instructed Collins to conduct another TADS observation of Respondent. On October 22, 1996, Collins conducted another TADS observation of Respondent. She observed that Respondent's grade book had no recorded grades for periods five and six. She noted that the student folders contained no graded assignments. Respondent could not produce any graded tests, quizzes, weekly exams, unit tests, or progress checks. Respondent had not completed organizing the students' class work, homework, or folders in any observable fashion. In addition, Respondent's lesson plans were incomplete. On October 30, 1996, Collins reviewed with Respondent her written evaluation of Respondent's performance during the TADS observation. The written report noted Respondent's deficiencies and directed Respondent to comply with a prescription plan. Respondent was given specific deadlines, as follows: submit five sample graded tests and five writing portfolios to Collins by October 31; submit a complete and up- to-date grade book to Collins by November 1; complete all student folders and portfolios and have them available for review by November 1; read relevant portions of the TADS Prescription Manual by November 12, and submit activities for review and discussion with her department chairperson by November 12. Respondent acknowledged receipt of these directives by signing the TADS report on October 30. Respondent failed to comply with those directives and has never complied with them. Collins reported to Principal Willie B. Turner Respondent's failure to comply with her directives. On December 11, 1996, Principal Turner sent Respondent a memorandum directing her to report for a conference-for-the- record to be held in his office on December 16. The purpose of the conference was to discuss Respondent's non-compliance with the TADS prescription plan. On December 12 Respondent approached Principal Turner while he was on bus duty in front of Lake Stevens Middle School. Turner invited Respondent to speak to him after he was finished. Respondent came to his office and began "venting" at Turner, screaming at him and using "choice words." Turner told Respondent to leave his office, but she refused. Other staff members who were attracted by Respondent's screaming attempted to remove Respondent from Turner's office. With the help of the school's resource office, they were eventually able to do so. Immediately after the December 12 incident in Turner's office, Respondent was removed from Lake Stevens Middle School and assigned to work at her home. The conference originally scheduled to be held at Lake Stevens was re-scheduled to be held at the Office of Professional Standards on December 16. At the meeting, which Respondent attended, she was directed by Dr. James Monroe to contact the Employee Assistance Program immediately, undergo the required neurological evaluation, and attend the required psychotherapy once a week for a year. On or about January 9, 1997, Respondent contacted the Employee Assistance Program but declined to participate. On January 31, 1997, Dr. Monroe sent Respondent a memorandum in which he noted that she had not complied with his three prior directives. Respondent was given five additional days to comply and was informed that her continued failure to comply would be considered gross insubordination. Respondent attended a follow-up visit with Dr. Hendrickson on March 6, 1997. Following this visit, Hendrickson advised Dr. Monroe in writing that Respondent should undergo a psychiatric evaluation to assess her behavior and aggressive outbursts. Upon receiving Hendrickson's report, Dr. Monroe scheduled a meeting with Respondent for March 25. Respondent acknowledged receipt of that notice on March 19. Respondent attended the March 25 meeting. By that time, she had complied with the requirement that she undergo a neurological examination. At the meeting, she presented to Dr. Monroe a letter from a Dr. Cheryl Nowell indicating that Respondent had commenced psychotherapy on January 21, 1997. At that time, however, Respondent had still not undergone a psychiatric evaluation. On April 8, 1997, Dr. Monroe sent Respondent a memorandum summarizing the March 25 meeting. He again directed Respondent to undergo a psychiatric evaluation, gave Respondent five days to comply, and advised Respondent that her failure to comply would be considered gross insubordination. Dr. Monroe transmitted the information furnished by Respondent at the March 25 meeting to Dr. Hendrickson for review. After reviewing the information, Dr. Hendrickson wrote to Dr. Monroe that he believed that Respondent still needed to undergo a psychiatric evaluation. Dr. Monroe subsequently advised Respondent of that continuing requirement. Respondent did not undergo a psychiatric evaluation. On April 29, 1997, Dr. Monroe notified Respondent that she was to report for a conference at the Office of Professional Standards on May 1. Respondent signed the notice on April 29. The purpose of the meeting was to discuss Respondent's continued refusal to comply with prior directives. On April 30, 1997, Respondent contacted Dr. Joyce Annunziata, the Assistant Superintendent of the Office of Professional Standards. Respondent, through her union representative, advised Annunziata that Respondent would not attend the meeting unless she was escorted by an uniformed Metro-Dade County deputy or City of Miami police officer. Respondent stated her reason to be that she was in fear of her life due to what she perceived to be threats from Dr. James Monroe. Dr. Annunziata investigated Respondent's assertion and found it to be without merit. Her union representatives at every prior meeting with Dr. Monroe had accompanied Respondent, and Dr. Monroe had not physically threatened Respondent. Respondent failed to appear for the May 1 meeting. At her request, the meeting was re-scheduled for May 2. Respondent continued to insist a deputy sheriff or police officer accompany her. On May 2, Dr. Annunziata notified Respondent's union representative in writing that Respondent's demand for an uniformed law enforcement officer would not be met, that Respondent must decide if she would attend the meeting or not, and that Respondent's failure to attend the meeting would be considered gross insubordination. Respondent failed to attend the meeting. On that day Principal Turner recommended that the Miami-Dade County School Board terminate Respondent from further employment. Dr. Monroe decided to give Respondent one more chance. He re-scheduled the meeting for May 13, 1997, sent Respondent a written notice, and read the notice to Respondent over the telephone. Respondent was advised that her failure to attend the re-scheduled meeting would result in termination of her employment. Despite having notice, Respondent did not attend the May 13 meeting as she had failed to attend the May 1 and 2 meetings. On June 13, 1997, Respondent received an overall unacceptable TADS evaluation for the 1996-97 school year. She achieved an unacceptable rating in the categories of preparation and planning, assessment techniques, and professional responsibilities. Respondent's continuing failure to attend the conferences scheduled by Dr. Monroe constitutes gross insubordination. Further, Respondent's failure to comply with the reasonable TADS prescriptive plan given her to overcome her classroom deficiencies constitutes gross insubordination. Respondent's failure, in conjunction with her TADS observation, to have records of students' grades, graded assignments, graded exams, lesson plans, and student writing portfolios constitutes incompetence. Respondent received an unacceptable evaluation based upon her classroom performance on October 26, 1996. She achieved two subsequent unacceptable evaluations for professional responsibility for her continuing failure to comply with directives given to her, not for conduct in her classroom. Finally, she achieved an unacceptable annual evaluation. In light of Respondent's long-standing history of aggressive behavior, the Miami-Dade County School Board's requirement that she submit to a psychiatric examination was reasonable. Respondent's failure to comply with that directive was unreasonable and further constitutes gross insubordination.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the allegations contained in the Administrative Complaint filed against her and permanently revoking her teaching certificate. DONE AND ENTERED this 17th day of September, 2001, in Tallahassee, Leon County, Florida. LINDA M. RIGOT 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 17th day of September, 2001. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400 J. Wiley Horton, Esquire Pennington Law firm Post Office Box 10095 Tallahassee, Florida 32302-2095 Jerry W. Whitmore, Chief Bureau of Educator Standards Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399-0400 Helen B. Williams Post Office Box 551894 Carol City, Florida 33055-0894
The Issue Whether Respondent's employment as a teacher by the Duval County School Board should be terminated for the reasons specified in the Notice of Termination of Employment Contract and Immediate Suspension without Pay dated March 27, 2013.
Findings Of Fact The Duval County School Board (School Board) is charged with the responsibility to operate, control, and supervise all free public schools within the School District of Duval County, Florida. Ms. Beverly L. Howard has been employed by the Duval County School Board as a classroom teacher for over 32 years. She went to Paxton Senior High School and then to Florida A & M University, graduating with a bachelor of science degree in elementary education. The School Board seeks to terminate Ms. Howard’s employment. Her substantial interests are affected by this intended action. Ms. Howard has a history of past misconduct and disciplinary action. While teaching at Hyde Grove Elementary School in 1992, Ms. Howard received three memoranda from Principal Theresa Stahlman concerning her interactions with parents and students and her teaching performance. Among other comments, Ms. Stahlman noted that Ms. Howard needed significant improvement to “show sensitivity to student needs by maintaining a positive school environment.” Ms. Stahlman testified that Ms. Howard exhibited a “very loud punitive behavior management style” and that she wanted to help Ms. Howard improve. A note at the end of one memorandum indicates that Ms. Howard had said that she did not need cadre assistance and that she would request assistance if she needed it. A note on another memorandum indicates that Ms. Howard refused to sign it. Ms. Howard testified at hearing that the things Ms. Stahlman wrote in the three memoranda were lies. Ms. Howard said that Ms. Stahlman was a racist and was prejudiced. Ms. Stahlman gave Ms. Howard an unsatisfactory evaluation. The next year, Ms. Howard got an option to go to another school. On March 8, 1995, a conference was held between Ms. Howard, a parent of one of her students, and Principal Debbie Sapp. The student had alleged that Ms. Howard had pushed her down. Principle Sapp noted in a memorandum that Ms. Howard “vehemently denied this, in an extremely rude and unprofessional manner” and said that she would never put her hands on a student. Principal Sapp advised Ms. Howard that being argumentative and defensive with parents was unacceptable and only made bad situations worse. On March 10, 1995, Principal Sapp was making morning classroom checks when she overheard Ms. Howard repeatedly yell at a student, “Get out of my classroom.” Ms. Howard’s final comment was “Get out before I throw you out.” Principal Sapp then entered the classroom and saw a student standing at her desk, about to leave. Ms. Howard said that the student had been misbehaving all morning. Principal Sapp told the students that she did not expect teachers to yell at them or threaten them and admonished them to behave. In a memorandum to Ms. Howard, Principal Sapp wrote that Ms. Howard needed to work on controlling her temper, noted that Ms. Howard’s classroom was frequently in disarray, and stated that yelling at students and threatening them was inappropriate behavior that only made things worse. Ms. Howard testified at hearing that when Ms. Sapp came down the hall and heard a teacher yelling, Ms. Sapp never came face-to-face with her, and that it could have been the voice of another teacher which Ms. Sapp heard. On May 27, 2003, the Office of Professional Standards investigated a complaint from a student’s parent that Ms. Howard had grabbed the student by the arm, choked him, and caused him to vomit. The student said that Ms. Howard dug her fingernails into his arm when he got up to retrieve a paper that another boy had taken from his desk. He said that her nails were hurting him, so he began hitting Ms. Howard. He then said that she put her hand around his throat and made him choke. He said he felt sick and threw up. Ms. Howard denied the accusation. She stated that the student was in a fight with a female student in her class and that she separated them. She said she asked the female student to sit down and attempted to gain control of the male student. Ms. Howard showed the investigator a scratch on her thumb that she said was made by the student. She stated that after she assisted the student to his desk he began gagging and attempting to vomit. She said that only saliva came up and she asked him to go to the bathroom to clean himself up. The investigation was closed as “unable to prove or disprove.” The Office of Professional Standards investigated allegations of unprofessional conduct against Ms. Howard on April 28, 2004. The mother of student T.J. had left a message with Ms. Howard to call her to talk about scratches on T.J.’s arm. Ms. Howard called the mother at her workplace, University of Florida Jacksonville Physicians. The mother asked Ms. Howard if she knew where the scratches came from, and Ms. Howard said they came from an incident in the library. The mother could then hear Ms. Howard asking T.J. and another girl in her class about what had happened. The other girl said that T.J. had done things to cause the incident. Ms. Howard immediately relayed to the mother that the incident had been T.J.’s fault. The mother became upset, realizing that Ms. Howard had not been present and yet was completely accepting the other girl’s version of what had happened. The mother then told Ms. Howard that this was not right and that she would go to see the principal. Ms. Howard told the mother that she could talk to whomever she wanted to, and then put the phone down as if intending to disconnect the call, but the mother could still hear what was going on in the classroom. Ms. Howard said, “Class, isn’t T.J. a nasty little girl?” The class responded, “Yes, ma’am.” The mother heard Ms. Howard say, “Class, don’t I send home paperwork?” The children responded, “Yes, ma’am.” The mother could hear T.J. trying to ask Ms. Howard a question, and Ms. Howard saying, “Go sit your behind down.” At this point the mother became angry that Ms. Howard was verbally abusing her child in front of the other children. She asked her “lead” at her workplace to continue to monitor the call. She immediately left, and drove directly to the school to talk to the principal, Ms. Blackshear. The investigator received statements from the mother’s lead and several co-workers which contained additional statements Ms. Howard made to the students. Ms. Howard said: [T.J.] get out of my face, you can go home and tell your mama all of those lies. Yeah, she is probably going to want to have a conference with Ms. Blackshear. Go ahead and get out of my face with your nasty disrespectful face. Ms. [T.J.] sit down, I have already told your mama that you will be retained in the second grade. You want to be all that, well I can be more. The investigator determined that the phone number shown on the workplace caller ID feature was the number of Ms. Howard’s cell phone. When interviewed by the Office of Professional Standards, Ms. Howard denied making the above comments regarding T.J. She stated that T.J. had been a problem all year and that the student’s mother “got an attitude” with her. Ms. Howard did admit she placed a “shelter kid,” who was a juvenile inmate, outside of her classroom without supervision “for a few minutes.” She stated that everyone in the school knew it was a bad class, but she was being blamed. Ms. Howard testified at hearing that the lead and co-workers of T.J.’s mother were lying when they made statements about her interactions with the students in her classroom. She said she put the phone in her purse, and the purse in her desk drawer, and that no one could have heard any conversations in the classroom. Student T.J. was then reassigned from Ms. Howard’s class. At hearing, T.J. testified that when she was in Ms. Howard’s third-grade class, she “got her card flipped to pink” on a daily basis (this color indicating the worst conduct). She admitted that she deserved this sometimes, but not all the time. She testified that she remembered that Ms. Howard used to pinch her arm when she was “in trouble.” T.J. remembered that Ms. Howard called her names, saying she was nasty, disrespectful, and in need of home training, in front of the other students. She testified that she had problems in Ms. Howard’s class because she needed to go to the bathroom frequently and Ms. Howard would only let her go once a day. She would sometimes wet her pants. She then would have to wait until she was allowed to go to the office to call her mother to get clean clothing. On May 17, 2004, the Duval County School Board administered discipline to Ms. Howard for her interactions with her class as reported by T.J.’s mother and her co-workers. She was issued a written reprimand, suspended for five days without pay, and required to attend an anger management session. Ms. Howard was informed that she had been given the opportunity of constructive discipline instead of a reduction of pay or dismissal to afford her progressive discipline, and that any further improper conduct on Ms. Howard’s part would subject her to more severe disciplinary action. The written reprimand set forth Florida Administrative Code Rule 6B-1.006(3)(a) in its entirety, with its requirement that she “make reasonable effort to protect the student from conditions harmful to learning and/or to the student’s mental and/or physical health and/or safety.” Ms. Howard signed a Receipt and Acknowledgement that she received a copy of the reprimand. On September 6, 2012, shortly after the start of the 2012-2013 school year, Louis Sheffield Elementary School held an open-house night. Ms. Lindsey Connor, assistant principle at the school, credibly testified to Ms. Howard’s response to a parent’s assertion that Ms. Howard had refused to allow her son, T.S., to go to the bathroom and that he had wet his pants in her class. Ms. Howard said to the mother of T.S., “What seems to be the problem?” in a harsh tone. After some discussion, Ms. Howard said something to the effect of: “Your son is a liar. He lies. He doesn’t need to be in my classroom anymore.” Ms. Howard denied that she ever told the mother of T.S. that her child was a liar. She stated that that would have been unprofessional. Ms. Howard testified that Ms. Connor’s statement that this had happened was a lie and that Ms. Connor was always taking the parents’ side. Ms. Howard testified that she never prevented a child from going to the bathroom and that T.S. just wet himself. Ms. Conner received numerous complaints about Ms. Howard from parents of Ms. Howard’s kindergarten students. Ms. Connor received six requests from parents to remove their children from Ms. Howard’s class. Ms. Connor testified that this was an unusually high number of requests and that she was concerned. J.F. was a student in Ms. Howard’s kindergarten class who exhibited behavioral problems. She would do acrobatic flips in the classroom and would tie her shoelaces to the chairs. She appeared to be hyper-active and would fall out of her chair when she was at her seat. J.F. would go all around Ms. Howard’s classroom and did not listen to Ms. Howard. She would back-talk Ms. Howard and showed her no respect. J.F. was frightened of Ms. Howard and often cried. Ms. Howard testified that she wanted to get specialized treatment or placement for J.F. but that the parents would not agree. In response to a complaint from the parents of J.F., Ms. Connor asked Ms. Howard to prepare a chart on which stickers could be placed to document J.F.’s progress in school. Ms. Connor asked Ms. Howard to bring the chart to a meeting to discuss how to help J.F. advance. Ms. Howard did not bring anything to the meeting and said nothing about how she might be able to help J.F. The mother of W.B. testified that her son was in Ms. Howard’s kindergarten class and that he loved Ms. Howard as a teacher. On one occasion in Ms. Howard’s classroom, W.B.’s mother observed Ms. Howard pull J.F. by the arm over to her when J.F. had gotten into trouble. The mother stated that J.F. appeared scared and she would not have liked Ms. Howard to do that to her child. In response to a call from the parent of C.B., a student in Ms. Howard’s class, Ms. Connor suspected that Ms. Howard may have hit one or more of her kindergarten students with a book. In a discussion with the Professional Standards office, Ms. Connor was told that she should investigate, advise the teacher, and contact the Department of Children and Families. Ms. Conner conducted interviews with students assigned to Ms. Howard’s class in the presence of a witness and took notes as to what the students told her. She testified that she brought the students into her office individually, that they didn’t know beforehand what she was going to talk to them about, and that they had no opportunity to collaborate or coordinate their statements. After conducting interviews with the children, Ms. Connor advised Ms. Howard of an allegation that Ms. Howard struck J.F. on multiple occasions with a book. Ms. Howard responded that she would not provide a written statement because she had never hit a student. Ms. Connor notified the Department of Children and Families. The report and testimony of the child protective investigator indicated that J.F was open, happy, and smiling during the “non-threatening” portions of the interview, but the investigator testified that when asked about Ms. Howard’s class, J.F. became nervous, chewed on the ends of her clothes, began to fidget, and asked if Ms. Howard was going to know what J.F. was saying. The investigator interviewed several students in the class. The report indicated that J.F. was free of suspicious marks or bruises. When the investigator interviewed Ms. Howard, she denied ever hitting J.F. with a book or slamming her down in her seat when J.F. was misbehaving. Ms. Howard indicated that she was close to retirement and would not hit a child. Student J.F. testified at hearing that she did not like Ms. Howard as her kindergarten teacher because Ms. Howard “did not want to be nice to me.” She testified that Ms. Howard “hurt me.” She testified that Ms. Howard “hit me on the leg with a book.” She testified that Ms. Howard hit her with the book because Ms. Howard had told her to get down on the carpet. She held up five fingers when asked how many times Ms. Howard had hit her. During cross-examination, she testified that she had been hit five times in succession on a single occasion. On redirect, she testified that she had been hit on five separate days. Student K.D., aged six, testified that J.F. did bad things in Ms. Howard’s class. He testified that J.F. put her head in her shirt. He testified that the class would sit on the carpet every day for a little while. He testified that sometimes J.F. would stay on the carpet when she was supposed to go to her seat. He said that J.F. got spanked on her back by Ms. Howard with a book. He testified that Ms. Howard hit her on more than one day, and when asked how many days, said “sixteen.” He did not know how he knew it was 16 days. He later testified that Ms. Howard hit her “sixteen times every day.” The father of student J.C.M. testified that he transferred J.C.M. from a Montessori school to Louis Sheffield Elementary because his wife was going to have another baby and that school was closer to their home, which would mean a shorter drive for her. The first day that J.C.M. went to Ms. Howard’s class was February 11, 2013. The parents immediately began receiving “agenda notes” from Ms. Howard saying that J.C.M. was not behaving well. The father testified that J.C.M. did not want to go back to Ms. Howard’s class the next few days and would cry when they dropped him off. The father testified that since J.C.M. had never been a discipline problem and had done well at his prior school, he sent a note in after the second day to schedule a conference with Ms. Howard. The father testified that on the second or third day, J.C.M. came home complaining that his arm hurt, but when questioned as to what had happened, J.C.M. gave different stories. First he said a lady had grabbed his arm in the classroom. When asked “What lady?” J.C.M. said that it was a friend, another student. Later, he said that the injury had happened on the playground. Still later, he said that the injury was caused by his grandfather. The father was confused by these different answers. When the parents received no response to the request to meet with Ms. Howard, the parents went to the school and met with Ms. Connor, who advised them that Ms. Howard was no longer in the classroom, but she did not tell them why. Since J.C.M. now had a new teacher, his parents did not ask that he be moved to another class. Student J.C.M., aged six, testified that he had been moved into Louis Sheffield Elementary in the middle of the school year and only had Ms. Howard as his teacher for a few days. J.C.M. testified that on one of those days, “I was in the door and then I -- I didn’t kicked it. I didn’t kicked it, I touched it with my feet.” He testified that Ms. Howard grabbed him and put him by her desk or table and that his “arm hurted for a little bit –- a little bit long.” He testified that he saw Ms. Howard hit J.F. on the head with a book because she was not writing when she was supposed to be writing. He testified that on a later day Ms. Howard also hit him on the head with a book when he was on the rug, but he forgot if he was supposed to be on the rug or not. Ms. Howard testified at hearing that she never put her hands on any of the students. She did not know why the children would say that she had, except that they had been coerced to say it. She testified that she had been under a doctor’s care and that she had had back surgery and that her medical condition affected her ability to lift or throw items. She testified she could not bend over or lift heavy objects because it probably would have torn her sutures. She testified that she had been under a doctor’s care since January 30 and that it took her until February 14, the day she was reassigned, to recover. She testified that not only was it not in her character to hit a child, she was physically incapable of doing so at the time. The testimony of Ms. Connor that the kindergarten children had no opportunity to coordinate their statements and that they did not even know in advance why she wanted to talk to them is credited. Ms. Connor’s notes as to what each child told her supplement and corroborate the testimony of the children later at hearing. Although the direct testimony as to Ms. Howard’s actions all came from these young children, they were capable of observing and recollecting what happened in their kindergarten class and capable of relating those facts at hearing. Their responses to questions at hearing showed that the children had a moral sense of the obligation to tell the truth. There was no objection from Respondent as to the children’s competency, and they were competent to testify. These young children’s accounts of events were sufficiently credible and corroborative to prove that Respondent struck J.F. with a book on multiple occasions. There was credible testimony that J.F. was struck on her legs with a book when she would not get down on the carpet as she was supposed to, was struck on her back with a book when she would not get up off of the carpet as she was supposed to, and was struck on the head with a book when she would not write as she was supposed to. These physical contacts took place in front of other students. While the exact number of times she was struck was not clear, the testimony that it was deliberately done and was constantly repeated is credited. Ms. Sonita Young is the chief human resource officer of Duval County Schools. She reviewed Ms. Howard’s personnel file in making her recommendation to the Superintendent that Ms. Howard be suspended without pay pending termination. Ms. Howard’s employment record, including both performance issues and disciplinary issues, was considered in determining the appropriate recommendation to be made to the Superintendent and ultimately to the Board. A Notice of Termination of Employment Contract and Immediate Suspension without Pay from her position as a kindergarten teacher at Louis Sheffield Elementary was presented to Ms. Howard on March 27, 2013. The Notice alleged that Respondent had violated certain provisions of the Code of Ethics, contained in Florida Administrative Code Rule 6A-10.080, and a Principle of Professional Conduct for the Education Profession in Florida, contained in rule 6A-10.081. Ms. Howard challenged the grounds for her termination and sought a hearing before an administrative law judge with the Division of Administrative Hearings. The rules cited above were adopted by the State Board of Education and relate to the public schools or the public school system. Rule 6A-10.081 was renumbered, but is substantively identical to the rule cited to Ms. Howard earlier in her May 17, 2004, Written Reprimand. Ms. Howard was well aware of her responsibility to protect students from conditions harmful to learning or to students’ mental or physical health or safety, because she had previously been disciplined for failing to do so. Ms. Howard’s actions in striking J.F. with a book failed to protect her students from conditions harmful to their mental and physical health and safety in violation of rule 6A- 10.081. Ms. Howard’s constantly repeated actions in striking J.F. constitute persistent violation of the rule and are cause to terminate her employment as a teacher. Ms. Howard’s deliberate actions in striking J.F. constitute willful refusal to obey the rule and are cause to terminate her employment as a teacher.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED That the Duval County School Board enter a final order terminating the employment of Beverly L. Howard. DONE AND ENTERED this 15th day of October, 2013, in Tallahassee, Leon County, Florida. S F. SCOTT BOYD 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 15th day of October, 2013.
