The Issue Whether Respondent violated section 1012.795(1)(j), Florida Statutes, and Florida Administrative Code Rule 6A-10.081(3)(a), as alleged in the Administrative Complaint and, if so, the appropriate penalty.
Findings Of Fact The Florida Education Practices Commission is the state agency charged with the duty and responsibility to revoke or suspend, or take other appropriate action with regard to teaching certificates as provided in sections 1012.795 and 1012.796, Florida Statutes (2016). § 1012.79(7), Fla. Stat. Petitioner, as Commissioner of Education, is charged with the duty to file and prosecute administrative complaints against individuals who hold Florida teaching certificates and who are alleged to have violated standards of teacher conduct. § 1012.796(6), Fla. Stat. Respondent holds Florida Educator's Certificate 962539, covering the areas of English, English for Speakers of Other Languages, Middle Grades Integrated Curriculum, and Reading, which is valid through June 30, 2017. During the 2013-2014 school year, Respondent was employed as a science teacher at Sims Middle. He continued teaching at Sims Middle for the 2014- 2015 school year, and currently teaches at Woodham Middle School in Escambia County. Among his teaching assignments, Respondent taught an eighth-grade honors science class during the school day’s first period. Among his students in that class was T.L. T.L had, in 2010, been diagnosed with Type I diabetes. By her eighth-grade year, T.L. was an “independent diabetic,” using an insulin pump and capable of carrying her meter and lancing device with her. On March 6, 2014, during a discussion of the consequences of the failure of various organs, Respondent made a comment that was substantially similar to that alleged in the Administrative Complaint, i.e., “Your pancreas can die and you could go into sugar shock; go into a coma and die, like (T.L.) could.” Respondent was standing in front of T.L.’s desk at the time. His position meant that the students were, or should have had their attention directed to Respondent. Thus, his statement would have been obvious. The investigation performed by Mr. Stokes indicated that comments similar to that involving T.L. “are often made” by Respondent; that T.L. likely took the statement “the wrong way” due to Respondent’s “dry sense of humor”; that Respondent “often makes comments trying to be funny but it usually just makes people feel weird”; and that he has made similar comments regarding other students in the past. The statements contained in Mr. Stokes’ report are not accepted for the truth of the matters asserted, but are used herein as evidence of Respondent’s overly loose and unsuccessfully “funny” teaching style. The statements contained in Mr. Stokes’ report also support a finding, made herein, that Respondent did not single T.L. out for disparate treatment, but (misguidedly) used her condition, with benign intent, to reinforce the importance of his lesson plan. In that regard, even T.L.’s mother, who was aggravated by the incident, admitted that the instruction as to what can happen when one’s pancreas dies “would have been appropriate in the classroom,” with her concern being the personalization of the instruction. However, she acknowledged that Respondent’s “unprofessional” comments had previously been directed to other students, and were not restricted to T.L. The evidence suggests that T.L.’s diabetic condition was not unknown. T.L.’s close circle of friends knew, having been told by T.L. C.P. testified that T.L.’s diabetes was fairly common knowledge. On at least one occasion prior to Respondent’s statement, the alarm on T.L.’s insulin pump went off during class. Respondent asked the class whether the sound was a cell phone, to which T.L. replied “Oh, that is my pump, sorry,” and turned the alarm off. T.L. carried the pump in her pocket, and she testified that the other students “probably just thought I had something weird in my pocket, but didn’t really know what it was.” T.L.’s mother testified that “her tubing was usually visible, depending on what she was wearing.” Finally, the topic of T.L.’s award-winning science project was the effect of contaminants at the site of a finger stick when testing one’s blood for glucose. While there was no evidence that T.L.’s diabetes was the subject of a general announcement, or that it was a topic of particular concern amongst her peers, the preponderance of the evidence indicates that it was unlikely that her condition was unknown to those in her class. The comment that forms the basis for the Administrative Complaint, though related to the class lesson plan, was inappropriate and unnecessary. Despite the fact that T.L.’s diabetes was not unknown to her peers, Respondent’s act of using her as an example was embarrassing to her. Respondent’s testimony that his use of T.L. as an example of an unchecked diabetic reaction was purely happenstance is not plausible. The evidence is convincing that Respondent was well aware of T.L.’s diabetes, and used her as an example of someone who had the condition that was the topic of discussion. However, there was no evidence that Respondent made the statement maliciously, or with the intent to embarrass or humiliate T.L. Prior to the incident in question, T.L., along with other students, used her telephone with Respondent’s permission in his class after completing Florida Writes testing, and Snapchatted a video to a friend. That became known when the friend asked Respondent why students in her later class period could not use their phones in similar circumstances. Respondent verbally admonished both T.L. and her friend, with his primary concern seeming to be that he could get in trouble for having allowed his first-period students to use their phones in class. T.L. was not written up for the incident, and there was no adverse effect on her grades. On March 5, 2014, Respondent received a letter of reprimand from Sims Middle regarding the incident of allowing students to use telephones in class. Although the incident that forms the basis for the Administrative Complaint occurred on March 6, 2014, there is insufficient evidence to establish a causal connection between the two. The suggestion that the incident in question was retaliation, or was otherwise precipitated by the Snapchat incident, is not accepted. On March 28, 2014, Respondent received a letter of reprimand from Sims Middle for the incident in question. Other than the two reprimands described herein, both having been issued in the span of little more than three weeks, he had not been the subject of any previous disciplinary actions during his eleven-year period of employment with the Santa Rosa County School District. There was no evidence that T.L.’s mental health was actually affected by the incident. The testimony of T.L. and her mother is evidence that she was, and remains, a bright, articulate, well-adjusted, straight-A student. However, rule 6A-10.081(3)(a) “does not require evidence that Respondent actually harmed [T.L.]'s health or safety. Rather, it requires a showing that Respondent failed to make reasonable efforts to protect the student from such harm.” Gerard Robinson, as Comm’r of Educ. vs. William Randall Aydelott, Case No. 12-0621PL ¶ 76 (Fla. DOAH Aug. 29, 2012; EPC Dec. 19, 2012). Under the circumstances described herein, Petitioner proved that Respondent, though without specific intent or malice, failed to make reasonable effort to protect T.L. from embarrassment, a condition reasonably contemplated to be harmful to her mental health pursuant to rule 6A-10.081(3)(a).
Recommendation Upon consideration of the Findings of Fact and Conclusions of Law reached herein, it is RECOMMENDED that the Education Practices Commission enter a final order finding that Respondent violated rule 6A-10.081(3)(a). It is further recommended that Respondent be issued a reprimand. DONE AND ENTERED this 7th day of December, 2016, in Tallahassee, Leon County, Florida. S E. GARY EARLY 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 7th day of December, 2016.
The Issue The issue is whether Respondent's teaching certificate should be disciplined because of Respondent's misconduct.
Findings Of Fact Background and parties Mr. Negedly holds Florida Educator's Certificate 836720, in English, which was valid through June 30, 2008. At all times pertinent, he was employed by the Volusia County School District as a language arts teacher at Heritage Middle School (Heritage). The Department of Education, which was headed by Petitioner at all times material to this case, is the state agency charged with investigating and prosecuting complaints against teachers holding Florida Educator's Certificates. The Education Practices Commission is charged with, among other things, imposing discipline on teachers. The Becker incidents During the 2004-2005 school year, Jami Lynn Becker was a consultation teacher at Heritage. A consultation teacher advises and otherwise aids teachers who have exceptional student education (ESE) pupils in their classes. She ensured that ESE students were provided the accommodations to which they were entitled. Mr. Negedly taught sixth-grade language arts at Heritage. There were three ESE students in his class. Ms. Becker's duties included visiting his class in order to provide services to those three students. On September 16, 2004, immediately before the commencement of classroom activities, Ms. Becker went to Mr. Negedly's room to inquire if he needed any help. During the conversation, Mr. Negedly mentioned that he and his wife had by happenstance seen Ms. Becker driving into New Smyrna Beach, Florida. Ms. Becker related that she was there to receive counseling regarding a recent divorce. Mr. Negedly moved the subject of the conversation to his own marriage and related that he was having problems and was sexually frustrated. He stated that he was having impure thoughts. He suggested that he was willing to engage in a physical relationship with Ms. Becker if she was willing. Ms. Becker was completely shocked by this conversation. Ms. Becker knew Mr. Negedly's wife, Joely Negedly, because she taught at Heritage also, and Ms. Becker suggested that he should direct his intimate conversations to his wife, not her. Mr. Negedly then revealed that he had the same feelings with another teacher, Jaqueline Brame, in the previous year. At that point in the conversation, the school bell rang, students entered the classroom, and Ms. Becker told Mr. Negedly that she would pray for him and then departed for her office. She also made it clear to him that she hoped that this type of conversation would not be repeated. However, that was not to be the case. About 45 minutes later, Mr. Negedly provided Ms. Becker with a note saying that he was sorry if what he said was too much, too fast, and that he hoped that he had provided her with some help. During the seventh period, which was Mr. Negedly's planning period, he came to Ms. Becker's office and renewed the conversations about his sexual frustration and stated that he didn't understand why God intended for man to be with one woman for his entire life. He asked Ms. Becker not to tell others about the conversations. On one or more occasions, Mr. Negedly came into Ms. Becker's office at the end of the school day and talked to her for as long as 45 minutes. Both his presence and his conversations during these times made her feel uncomfortable. Ms. Becker is a self-described non-confrontational person and could not bring herself to tell him to leave. These sort of encounters occurred about seven times over several weeks. Ms. Becker felt that the conversations he initiated were inappropriate. His words made her feel uncomfortable, and she felt that it was necessary for her to take evasive action in order to avoid him and therefore avoid repeat occurrences. She also honored his request not to reveal the nature of his conversations. At some point, Ms. Becker approached Ms. Brame, the person Mr. Negedly had identified as a previous target of his affections, and told Ms. Brame of her experiences. Ms. Brame related her experience with Mr. Negedly, and Ms. Becker ascertained that they were very similar. As a result, Ms. Becker resolved to inform higher authority. This plan was shelved, however, by the intervention of Hurricane Jeanne, which resulted in the suspension of school activities. On September 28, 2004, when school resumed, Mr. Negedly came into her office and after about 45 minutes Ms. Becker told him that his conversation was inappropriate. A few days after that, Ms. Becker reported these events to Mrs. Gunderson, who was an assistant principal and supervisor of ESE. All of these encounters occurred on school grounds. However, there was no evidence that any student observed or heard Mr. Negedly's suggestions. Mr. Negedly never touched Ms. Becker, threatened her person, or used sexually explicit language. His actions disturbed her to the extent that her ability to teach was affected. However, her effectiveness as an employee of the district school board was not seriously compromised. The Brame incidents Jacqueline Brame is currently a teacher at River Springs Middle School in the Volusia County School District and was a teacher at Heritage during all times pertinent to this proceeding. Ms. Brame was Mr. Negedly's mentor when he began teaching at Heritage and worked with him on a sixth-grade team of teachers providing education to the same 150 children. By the beginning of the 2003-2004 school year, Ms. Brame, Mr. Negedly, and Joely Negedly had become close friends. They mingled socially and would visit one another in their homes. Ms. Brame confided in Mr. Negedly, and Ms. Brame described their relationship as "best friends." Ms. Brame was having marital problems, and she shared intimate details about this with Mr. Negedly. She valued his advice and respected his opinions about her problems. After the 2003-2004 school year commenced, Mr. Negedly attempted to move the relationship into a romantic one. He told her that he cared for her deeply and that he was in love with her. These comments made Ms. Brame uncomfortable. She reminded Mr. Negedly that he was married, that she, Ms. Brame, was Mrs. Negedly's friend, and that his son was in her class. This conversation occurred in school, during the school day. He told Ms. Brame that he wanted to have a physical relationship with her. This continued even when Ms. Brame was seven months pregnant. After each advance and rebuff, Mr. Negedly would apologize. His pursuit continued for almost a year. On numerous occasions she would tell him that his advances were unwelcome and inappropriate. Ms. Brame, like Ms. Becker, described herself as someone who did not like confrontation, and she did not firmly tell him that his behavior was unacceptable. Once when Ms. Brame had temporarily abandoned her marital home as the result of a domestic dispute, Mr. Negedly invited her to stay at his home. Ms. Negedly was out of the area at this time because of her duties as a consultant for the college boards, but their children were present in the home. Ms. Brame refused. However, she did not take the invitation to be an invitation for sex. She said that had Ms. Negedly not been away during this time, she might have accepted the invitation. Mr. Negedly's pursuit made Ms. Brame uncomfortable and occasionally sick to her stomach. It adversely affected her emotions and affected her teaching. The events happened in school, in the school cafeteria, and after school, but in connection with school activities. As a result of his unwelcome overtures she had to attend counseling. However, her effectiveness as an employee of the district school board was not seriously reduced or compromised. Eventually Ms. Brame restructured their relationship. She transformed it into a professional friendship and maintained this status through the 2003-2004 school year. At no time during these encounters did Mr. Negedly touch Ms. Brame inappropriately or use sexually explicit language. Most if not all of the encounters occurred on school grounds or in connection with school activities. However, there was no evidence that any student observed or heard Mr. Negedly's overtures. Ms. Brame did not tell anyone in authority about Mr. Negedly's behavior. She cared deeply for Mr. Negedly and his family. She believed remaining silent was her Christian duty. She stated during the hearing that she does not believe he should be removed from the teaching profession. Ms. Brame's allegations surfaced during the investigation into Mr. Negedly's conduct that resulted from Ms. Becker's allegations. The Hepsworth incidents Ms. Kuuleialoha Hepsworth was a teacher's assistant at Heritage during the first semester of 2004. She was in charge of the "lunch club." This informal organization provided lunches to teachers who desired to have their lunch prepared by commercial providers. Ms. Hepsworth would collect money from participating teachers, acquire the food at nearby restaurants, and deliver them to those who had placed orders with her. Once when Mr. Negedly handed her money to be used for purchasing lunch, she claimed he inappropriately brushed the bottom of her hand. Mr. Negedly was the sponsor for the school yearbook and in connection with that duty, he was taking pictures of children in a seventh-period classroom Ms. Hepsworth was teaching. Ms. Hepsworth testified that he said that he was intrigued with her and that "he wanted to pursue her." She said she asked him, "What about your wife?" She said he then asked her if "I would do his wife too, because that would be too cool." Ms. Hepsworth claimed that she was "freaked out." She related that this latter incident occurred on the Friday before Mr. Negedly was removed from the school because of the Becker allegations. She was asked on October 28, 2004, to give a statement to an investigator and that is when she revealed her alleged encounters. The alleged behavior of Mr. Negedly as related by Ms. Hepsworth was so dissimilar to the events related by Ms. Becker and Ms. Brame that it is deemed unworthy of belief. Mr. Negedly Mr. Negedly's targets were women who did not like confrontation and who sought unsuccessfully to communicate their discomfort passively. Had they been confrontational with him, or if they had reported his behavior to higher authority immediately, the behavior could have been corrected locally, and the downward spiral of unpleasantness which has resulted, could have been avoided. On the other hand, these two women may have been selected as targets because of Mr. Negedly's perception that they were unlikely to either harshly react to his overtures or immediately report him to those in authority. Mr. Negedly's certificate expired June 30, 2008. He was employed as a teacher from the beginning of the 2000-2001 school year until the latter part of the school year 2005-2006. Mr. Negedly received a certificate of appreciation for his outstanding dedication to education from the assistant principal of Heritage, on May 7, 2002. All of his performance assessments indicated that he met standards, and he had no disciplinary record prior to the discipline at issue in this case. As previously noted, he was given the additional duty of yearbook sponsor at Heritage. He was also made sponsor of the Junior Beta Club. Heritage Principal Dennis Neal wrote a recommendation dated May 7, 2004, when Mr. Negedly applied for a Stetson University Teacher Scholar Grant that related, "Mr. Negedly continues to demonstrate high professional standards and a dedication to his students' success both in and out of the classroom. He is a valuable team player who can be counted on to go above the norm in all his endeavors. I commend Mr. Negedly on taking on the challenge of an advanced degree and professional growth." When Mr. Negedly was teaching English at David Hinson Middle School, he was chosen teacher of the month for October 2005 by students and teachers. Subsequent to the exposure of Mr. Negedly's transgressions, he attended counseling with his wife at Associated Psychiatric Services in New Smyrna Beach, Florida. As late as April 13, 2005, counseling continued. The counseling was ordered and paid for by the Volusia School District. In January 2005, the school board punished Mr. Negedly by suspending him for five days without pay. As a result of Mr. Negedly's lack of judgment, he was taken from his classroom at Heritage and transferred to the district headquarters; his wife had to obtain a transfer to another school; Mrs. Negedly and her child were the subject of incorrect and hurtful conversations by students, faculty, and others; and Mr. Negedly, who sincerely loved teaching, lost his career.
Recommendation Based upon the Findings of Fact and Conclusions of Law, RECOMMENDED that a final order be entered dismissing the Administrative Complaint. DONE AND ENTERED this 4th day of December, 2008, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER 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 December, 2008. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224 Tallahassee, Florida 32399-0400 Joan Stewart, Esquire FEA Legal Services 300 East Park Avenue Tallahassee, Florida 32301 Ron Weaver, Esquire Post Office Box 5675 Douglasville, Georgia 30154-0012 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 Deborah K. Kearney, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The issues are whether Respondent violated Section 231.2615, Florida Statutes (2000), and Rule 6B-1.006, Florida Administrative Code, and if so, what penalty should be imposed.
Findings Of Fact Respondent holds Florida Educator Certificate No. 711503, covering the areas of elementary education, varying exceptionalities, and pre-kindergarten handicapped. Respondent's certificate was valid at all times material to this proceeding. Respondent began teaching in 1995. There have been no complaints against Respondent prior to the allegations in this case. Over the years, Respondent has attempted to help students over and beyond her classroom duties. On at least two occasions, she temporarily has taken students into her home in time of need. Flagler County School Board employed Respondent as an exceptional student education (ESE) teacher at Flagler Palm Coast High School (FPC) in the Flagler County School District during the 2000-2001 school year. That school term was her first year on the faculty at FPC. J.E. was a 17 year-old male student who attended FPC during the 2000-2001 school year. J.E. was classified as an 11th-grade ESE student because he suffered from attention deficit disorder. J.E. also worked as a part-time firefighter with the Flagler Beach Fire Department. J.E.'s employment as a firefighter was sponsored by the Boy Scouts of America Explorer Program. At some point during the month of October 2000, J.E. transferred into Respondent's math class. Initially, J.E. was unable to make a passing grade in math due to his learning disability. J.E.'s academic problems were aggravated by several in-school and out-of-school disciplinary suspensions, which caused him to miss class. Toward the end of November or the beginning of December 2000, J.E. was arrested for fighting with his sister. He was in the custody of the juvenile authorities for several days before being placed on juvenile home detention. When J.E. returned to school, Respondent contacted J.E.'s mother, D.B. Respondent requested permission to tutor J.E. after school to help him make up missed assignments. After receiving the approval of the juvenile authority staff, D.B. agreed that Respondent could tutor J.E. Respondent and D.B. agreed that, after each tutoring session, Respondent would transport J.E. to the place where D.B. was employed. Respondent then informed the assistant principal that she would be assisting J.E. after school in her classroom. The tutoring sessions began on December 12, 2000, and lasted for almost two weeks. The sessions terminated when FPC recessed for the holidays. During the tutoring sessions, Respondent and J.E. spent time working on J.E.'s math assignments. However, as time passed, they progressively spent more time discussing personal issues. These conversations included discussions regarding J.E.'s problems and history of abuse, as well as the physical abuse that Respondent experienced during her marriage to her ex-husband. Respondent revealed that she had been molested as a child, a fact that Respondent had shared only with her long-term boyfriend, her sister, and her closest friends. Respondent told J.E. about her two children and her relationship with her boyfriend. At times, Respondent spoke negatively about her boyfriend, referring to him as an "asshole." Respondent and J.E.'s student-teacher relationship became more personal as they spent more time together. J.E. began visiting Respondent during her planning period, during which they would discuss personal issues. Occasionally, J.E. would visit Respondent during her science class even though he was scheduled to be in another class. The personal conversations continued during the time that J.E. waited in Respondent's car for his mother at the school bus compound, sometimes for 20 to 30 minutes. Prior to one tutoring session, Respondent allowed J.E. to ride with her to a fast-food restaurant. She then took J.E. by the fire station before returning to the school. Respondent did not have anyone's permission to transport J.E. off campus. Sometime before the holiday break, J.E. told Respondent that he liked the music of a certain rap artist. The last day of school before the holiday break, Respondent gave J.E. a gift bag containing a compact disk (CD) of the artist's music. The gift bags that Respondent presented to other students contained only cookies and trinkets. On the afternoon of December 27 or 28, 2000, J.E. invited Respondent to visit the fire station with her children, a 9-year-old son and an 11-year-old daughter. Respondent and her children spent approximately one hour at the station while J.E. showed them the facility and firefighting equipment. Next, J.E. told Assistant Fire Chief Shane Wood (Chief Wood), that he was going to a nearby park with Respondent and her children. He advised Chief Wood that he would return to the station if it received a call. J.E. rode to the park in Respondent's vehicle. Francis Abramczyk, another student firefighter and J.E.'s friend, rode a bike to the park at J.E.'s request. When the group arrived at the park, Respondent asked Mr. Abramczyk to watch her children so she and J.E. could talk in a nearby gazebo. About 45 minutes after Respondent and J.E. left to go to the park, Chief Wood got off from work. Chief Wood then rode his motorcycle to his parent's house near the park. Chief Wood visited his parents for 10-15 minutes before riding his motorcycle to the park where he spoke briefly to J.E. Respondent and J.E. were sitting in the gazebo when Chief Wood came by on his motorcycle Once in the gazebo, Respondent and J.E. spent at least 30 minutes talking about Respondent's recent trip to North Carolina, among other things. During this time, Respondent and J.E. sat side-by-side. At one point in time, Mr. Abramczyk saw Respondent's hand resting on J.E.'s hand, which was resting on his leg. Respondent jerked her hand back when she made eye contact with Mr. Abramczyk, who was retrieving a ball from the far side of the gazebo. While sitting in the gazebo, Respondent asked J.E. if he was willing to baby-sit for her that evening while she went out with a girlfriend. Respondent told J.E. that she would not be returning home until late and suggested that he spend the night at her residence. J.E. did not think his mother would approve of Respondent's suggestion. In the meantime, Mr. Abramczyk decided to walk to a nearby store to get some ice cream. Respondent's son tagged along with Mr. Abramczyk. When Mr. Abramczyk returned to the park, Respondent and J.E. were sitting in Respondent's vehicle. While J.E. was sitting in Respondent's vehicle, two or three girls came to the park in a car. One of the girls was J.E.'s former girlfriend. At first J.E. did not want the girls to see him, but eventually he got out of Respondent's vehicle and talked to Mr. Abramczyk and the girls. During this conversation, J.E. was teased about hanging out with his teacher. Mr. Abramczyk rode the bike back to the fire station after this conversation. At approximately 5:00 p.m., J.E., Respondent, and Respondent's children went back to the fire station. J.E. then called his mother to ask permission to baby-sit for Respondent. D.B. told him that he could baby-sit. In a later conversation between Respondent and D.B., Respondent stated that she would not be home that evening until approximately 2:00 a.m. Respondent asked D.B. if J.E. could spend the night at her residence. D.B. responded negatively, telling Respondent to take J.E. home or to the fire station where there was adult supervision at all times. After leaving the fire station, J.E. rode with Respondent and her children to a convenience store where Respondent purchased soft drinks and snacks for her children. She also purchased several wine coolers for herself. At approximately 6:00 p.m., Respondent, her children, and J.E. arrived at Respondent's residence. J.E. changed out of his work uniform before walking to a nearby beach with Respondent and her children. The children played on the beach and in the clubhouse area while Respondent talked to J.E. During this time, Respondent consumed one of her wine coolers. J.E., Respondent, and her children returned to Respondent's home after spending about an hour at the beach. Next, Respondent prepared dinner for J.E. and her children. She then got dressed to go out while J.E. played video games with the kids in the living room. The evidence is not clear and convincing that Respondent walked out of her bedroom into the living room wearing only a skirt and bra during this time. Between 8:00 and 9:00 p.m. Respondent left her residence to meet her girlfriend, taking her wine coolers with her. The girlfriend was not at home, so after waiting for a while, Respondent returned to her home between 9:30 and 10:30 p.m. The evidence is not clear and convincing that Respondent was heavily intoxicated when she returned. Respondent's long-term boyfriend was spending time that evening with one of his male friends. The boyfriend usually stayed with Respondent but decided that evening to stay at his separate residence in St. Augustine, Florida, because he had consumed some beer and did not want to risk driving back to Respondent's residence. However, Respondent did not know that the boyfriend would not come to her house later that evening. When Respondent returned to her residence, her children were asleep and J.E. did not want to go home. Without checking with J.E.'s mother, Respondent decided to let J.E. stay. J.E. listened to music in Respondent's bedroom while she straightened up the house and did the laundry. Respondent took time to talk to J.E. and to listen to some music with him. Sometime during the evening, Respondent spoke to her boyfriend on the telephone. During this call, Respondent learned for the first time that her boyfriend probably would not be returning to her home that night. Respondent talked to her boyfriend a second time that night from her garage. When she went back into the house, J.E. pretended to be asleep but when Respondent approached him, he sat up and appeared to have been crying. Respondent assumed that J.E. was upset because he was jealous of her boyfriend. The evidence is not clear and convincing that Respondent provided J.E. with alcohol or engaged in inappropriate sexual conduct with him while he was in her home. However, Respondent admitted during the hearing that J.E. might have consumed beer kept in her refrigerator while she was gone because she found one beer can in her closet weeks later. At approximately 2:00 a.m., Respondent drove J.E. to the fire station. The lights were off in the station. After waiting a few minutes to see if any of the adult firemen were going to return to the fire station, Respondent drove J.E. home, arriving there between 2:30 and 3:00 a.m. On the way to J.E.'s house, Respondent made J.E. promise not to tell anyone that he baby-sat at her residence. She paid J.E. $20 for baby-sitting. When J.E. got home, his mother was asleep on the couch. D.B. woke up as J.E. entered the house. She did not smell any alcohol on him or see any signs of intoxication. Respondent went with her children to the fire station two days later on December 29, 2000. The purpose of the visit was to return one of J.E.'s CDs that he had left at her house. Respondent visited with J.E. for about 15 minutes. During the visit on December 29, 2000, J.E. appeared upset. He told Respondent that he was worried because a man from his past was about to be released from jail. He also stated that he had been fighting with his mother. J.E. told Respondent that he was afraid the fire chief would not like him having visitors. He wanted Respondent to leave, telling her that he would talk to her later. By the end of December, Respondent knew that the other students were teasing J.E. about their close relationship and that he was embarrassed about the situation. J.E. and Respondent had agreed that they would not continue with the after-school tutoring and that they would not socialize at school or at the fire station. Despite this agreement, Respondent returned to the fire station on December 31, 2000. The purpose of the visit was to give J.E. a six-page handwritten letter that included references to Respondent's personal experiences. Several of J.E.'s friends from FPC were at the fire station when Respondent arrived. When J.E.'s friends told him that Respondent was in the lobby area, he told them he did not want to see her and hid in a back room in an effort to avoid her. Two of J.E.'s friends then told Respondent that J.E. was not at the fire station. Respondent started to leave when she realized that her son, who had been waiting in the car, had probably gone into the fire station through the open bay doors. Respondent then went into the station through the bay doors to look for her son. Upon entering the bay, Respondent noticed that J.E. was at work. Instead of asking about her son, Respondent approached J.E. holding the letter. As Respondent walked toward J.E., his friends began to tease him again. J.E. was visibly upset and demanded to know what Respondent was doing at the station. Respondent knew or should have known that she was giving the other students reason to pick on J.E. J.E. was angry and embarrassed by Respondent's presence. He told Respondent to come back later just to hasten her departure. He shredded the letter as soon as she left the station. Notwithstanding J.E.'s extreme displeasure during Respondent's visit, Respondent returned to the fire station later that day about 5:00 p.m. J.E. was not there when Respondent arrived. At that time, Chief Wood told Respondent that J.E. was gone and that she needed to stop visiting him at the station because it did not look right for her to be there "hanging all over J.E." The relationship between J.E. and Respondent dropped off beginning in early January 2001. Shortly after the holidays, J.E. became angry with Respondent. He told her to go screw her boyfriend. Respondent just ignored this comment. On another day during the first week of January, J.E. attempted to leave Respondent's class on a pretext that he was required to go to the school attendance office. J.E. became angry when Respondent would not let him leave the classroom. A short time later, during the same class period, two of J.E.'s friends walked by and looked into the classroom through the window in the door. J.E. noticed his friends, went to the door to speak with them, and asked them to help get him out of class. Respondent again refused to let him leave, causing him to be even more angry. Respondent told J.E. that if he left the class without permission, she would write him up. He then said, "You're gonna write me up? Well, I could do something about that." The first semester ended on January 8, 2001. Although J.E. was failing math in early December, he received a grade of B in Respondent's class for the semester. He then transferred to another teacher's math class for the second semester. After the transfer, J.E.'s grades began to decline again. The other students continued to tease J.E. about Respondent. On or about January 19, 2001, a rumor surfaced that Respondent was pregnant with J.E.'s child. Respondent first learned about the rumor during her science class. The class discussion involved the harmful effect of fumes from spray bottles on the environment and humans. Someone in the class stated that fumes could harm a fetus like Respondent's fetus. Another student said, "Oh, I wonder who the father is." A third student responded, "Oh, it's J.E." The class then began laughing. Respondent made no effort to report the incident to FPC's administrators. Instead, on a day when Respondent was extremely depressed and disillusioned with her career, and when she was feeling "emotionally cheated" and/or "manipulated" by J.E., Respondent wrote J.E. an e-mail message that states as follows: Hi I hope your Term 2 classes are going well so far, and life in general. I heard you're in Mr. Krenichen's class for Algebra now. If you need any help or need a place to escape to you know where to go. I still have 3rd period planning, except for lunch duty 3rd lunch. Even if you still are or stay mad at me forever, I'm still rooting for you to make it. I hope you're staying out of trouble. Well, I just wanted to say hi. I was thinking about you and my kids have been asking about you too. They think you're so cool! Yeah, I guess you're all right most of the time. Ha Ha. I miss you. I miss you talking to me every day most of all. Well, see you around. K. p.s. I also wanted to thank you for keeping your word. Means a lot. Gives me a little bit of hope the whole thing wasn't a lie all along. That helps even if that's all I'll ever have. Well, there's other things I need to talk to you about but don't want to say in an e-mail, so will just let you go now. Bye. Respondent's statement in the e-mail that she hoped J.E. was not still mad at her referred to her refusal to let J.E. leave class. She thanked him for keeping his word about not dropping out of school, not telling anyone that he baby-sat at her home, and not revealing her personal confidences. The e-mail was not specifically romantic in nature but clearly and convincingly evidences an inappropriate personal relationship between Respondent and J.E. After receiving this e-mail, J.E. asked Chief Wood to help him draft a reply that would break off his relationship with Respondent. Chief Wood declined to help but told J.E. he would proofread the message after J.E. wrote it. After reading the e-mail, Chief Wood decided that J.E. had adequately communicated his message to Respondent and did not make any changes. On or about January 24, 2001, a fellow student told J.E. that Respondent had said she was pregnant with J.E.'s child. J.E. became frightened by the false rumor. That same day, J.E. lied to his mother, stating that Respondent had given him alcohol and that, while he was in an intoxicated state, Respondent had forced him to have sexual intercourse on the night that he visited her home. D.B. immediately contacted the sheriff's office. On January 26, 2001, the principal of FPC confronted Respondent with J.E.'s allegations regarding the alcohol and sexual misconduct. During this conversation, Respondent stated that she wished she had never had J.E. baby-sit in her home. She admitted that her relationship with J.E. was inappropriate. Respondent immediately drafted and submitted her resignation effective February 6, 2001, the day of the next scheduled school board meeting. Following Respondent's resignation, J.E. continued to endure severe teasing at the hands of his classmates. Some students referred to J.E. as a "teacher fucker." Understandably, such comments caused J.E. a great deal of stress. J.E. eventually dropped out of FPC and entered the adult education program, where he admitted to one student that he did not have sex with Respondent. He told the student that he wished he could take it all back. Respondent is now employed in a real estate office.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That EPE enter a final order suspending Respondent's certificate for two years followed by five years of probation. DONE AND ENTERED this 2nd day of September, 2003, in Tallahassee, Leon County, Florida. S SUZANNE F. HOOD 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 2nd day of September, 2003. COPIES FURNISHED: Mary F. Aspros, Esquire Meyer and Brooks, P.A. 2544 Blairstone Pines Drive Post Office Box 1547 Tallahassee, Florida 32302 Matthew K. Foster, Esquire Brooks, Leboef, Bennett & Foster, P.A. 863 East Park Avenue Tallahassee, Florida 32301 Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224E Tallahassee, Florida 32399 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400
