The Issue Whether cause exists for the Petitioner's proposed termination of the Respondent's employment as a bus driver for alleged inappropriate conduct with a student.
Findings Of Fact At all times material to this case, Respondent Howard Jessie (Respondent) was employed as a bus driver by the Pinellas County School Board. On an unidentified day during the first semester of the 1993-1994 school year, the Respondent was observed fraternizing on campus with several Pinellas Park High School students. The Respondent was tossing a football with students in an area which was "off-limits" to students. A female student identified herein as T.C. was present. A school resource officer approached the Respondent, and informed him that the area was off-limits to the students and that it was not appropriate for him to socialize with students at that time. The Respondent informed the officer that he was a bus driver and his association with students was not inappropriate. On a later unidentified day during the first semester of the 1993-1994 school year, the school's assistant principal observed the Respondent walking with T.C. in the "mall" area of the high school campus. The assistant principal instructed the Respondent to cease fraternizing with students. On a third day during the first semester of the 1993-1994 school year, the assistant principal observed the Respondent standing near the school bus area and speaking with several students including T.C. The assistant principal contacted a supervisor at the school board's transportation department and informed him of the Respondent's behavior. Upon receiving the phone call from the assistant principal, the supervisor summoned the Respondent to his office and directed the Respondent to cease his association with the students. The Respondent agreed to refrain from having further contact with the students. On or about January 10, 1994, the school resource officer observed the Respondent and T.C. standing on campus next to a parked school bus, and watched as the Respondent kissed T.C. on her cheek. The student did not appear to resist the kiss. The officer reported his observations to the assistant principal who contacted another transportation supervisor and requested that the Respondent be removed from his employment as a bus driver at Pinellas Park High School. The Respondent was called to a meeting with the administrator of the School Board's Office of Professional Standards. During the discussion of the matter, the Respondent admitted that he had hugged and kissed T.C. on campus. During the discussion, the Respondent also admitted that he and the student had engaged in oral sex in January, 1994. By letter of March 3, 1994, the Respondent was notified that he was suspended with pay and that the superintendent would recommend dismissal to the school board at the meeting of March 23, 1994. A number of stories related to this matter have appeared in the local press, including the March 18, 1994 issues of the St. Petersburg Times and the Tampa Tribune. Engaging in sexual activity with a student is conduct serious enough to impair the Respondent's effectiveness in the school district and to bring the service of the School Board of Pinellas County into disrepute.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Lee County School Board enter a Final Order terminating the employment of Howard Jessie. DONE and RECOMMENDED this 21st day of November, 1994, in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM 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 21st day of November, 1994. APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-1876 The Respondent did not file a proposed recommended order. The following constitute rulings on proposed findings of facts submitted by the Petitioner. The Petitioner's proposed findings of fact are accepted as modified and incorporated in the Recommended Order. COPIES FURNISHED: Dr. J. Howard Hinesley, Superintendent School Board of Pinellas County P. O. Box 2942 Largo, Florida 34649 Keith B. Martin, Esquire Pinellas County School Board P.O. Box 2942 Largo, Florida 34649 Mr. Howard Jessie 15695 Waverly Street, Apartment 2 Clearwater, Florida 34620
Findings Of Fact Charles Duhart resides at 956 Forest Ridge Court, Apartment 202, Lake Mary, Florida. His residence is a condominium, which he owns. He has resided there for 10 months. Mr. Duhart was married to Mary Duhart in April, 1974. The Final Judgment of Dissolution of Marriage entered October 25, 1988, which terminated their marriage, states: The parties shall have shared parental responsibility for the minor children of the marriage. The Wife is designated as the primary residential custodian of the minor children of the marriage. The non-custodian parent, the Husband, shall have liberal and reasonable contact and visitation with the children of the marriage, subject to reasonable notice by the Husband to the Wife. . . . Mary Duhart resides at 121 Wildwood Drive, Sanford, Florida. She and Mr. Duhart jointly bought the property in 1985, and she was awarded the property in the Final Judgment of Dissolution of Marriage. The two children in question are Katisha, who is 15 years old, and Serita, who is 14 years old. Both girls, together with a third child aged eight years, were born of the Duhart's marriage. During the 1988-89 school year, Katisha, who was in ninth grade, attended Lake Mary High School, and Serita, who was in eighth grade, attended Greenwood Lakes Middle School, as well as special programs at Lake Mary High School. Greenwood Lakes Middle School is in the Lake Mary High School attendance zone. Both girls enrolled in Lake Mary High School at the beginning of the 1989-90 school year. During the 1988-89 school year, the two children lived with their grandmother part of the time and their mother the remainder of the time. Their grandmother lived in the Lake Mary High School attendance zone. Mr. and Mrs. Duhart caused the grandmother to be appointed the legal guardian of the children, pursuant to Letters of Guardianship of the Person entered November 28, 1988. By so doing, under a procedure no longer available, the children could attend the schools whose attendance zone serves the grandmother's residence. This guardianship has never been dissolved or terminated. At the beginning of the 1989-90 school year, the two children went to live with their father, whose condominium is in the Lake Mary High School attendance zone. Although they spend the weekends with their mother and infrequent nights with their grandmother or at friends' homes, Katisha and Serita regularly reside with their father each weeknight from Sunday through Thursday nights, inclusive. Since the beginning of the 1989-90 school year began, the children primarily have lived with their father. Since the beginning of the 1989-90 school year, Mr. and Mrs. Duhart have reduced the child support payments required of Mr. Duhart by the Final Judgement of Dissolution of Marriage. Although Mr. Duhart continues to pay the usual amount through the clerk's office, Mrs. Duhart returns to him approximately one half of the support money in recognition of the fact that he now has two of the three children most of the time. By letter dated September 27, 1989, Respondent informed Petitioners that it had determined that Katisha and Serita were attending Lake Mary High School in violation of Policy 4.003. Consequently, the children had been administratively withdrawn from Lake Mary High School and administratively enrolled at Seminole High School, which serves their correct attendance zone, according to the letter.
Recommendation Based on the foregoing, it is hereby recommended that the School Board of Seminole County, Florida enter a Final Order enrolling Katisha and Serita Duhart in Lake Mary High School. RECOMMENDED this 22nd day of February, 1990, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of February, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 89-5898 Treatment Accorded Proposed Findings of Respondent 1-4: adopted. 5: rejected as subordinate. 6-10: adopted. 11: first sentence adopted as to children spending weekends with Mrs. Duhart and rejected as unsupported by the greater weight of the evidence as to the suggestion that they do not spend the remainder of the time with their father, with the possible exception of isolated overnight visits with friends or their grandmother. Remainder rejected as subordinate. 12: adopted. 13: rejected as irrelevant. 14: rejected as irrelevant and subordinate. 15: rejected as subordinate. 16: rejected as irrelevant. COPIES FURNISHED: Harry L. Lamb, Jr. Perry & Lamb, P.A. 135 Wall St., Ste. 200 Orlando, FL 32801 Ned N. Julian, Jr. Stenstrom, McIntosh, Julian, et al. P.O. Box 1330 Sanford, FL 32772-1330 Robert W. Hughes, Superintendent The School Board of Seminole County, Florida 1211 Mellonville Avenue Sanford, FL 32772 Betty Castor Commissioner of Education Department of Education The Capitol Tallahassee, FL 32399-0400
The Issue The issue in this case is whether the Petitioner, the School Board of Pinellas County, should dismiss or suspend the Respondent, Larry Lynn, on charges of gross insubordination and misconduct in office.
Findings Of Fact Larry Lynn (hereinafter 1,Lynn") holds a Teaching Certificate, 563002, issued by the State of Florida. The School Board of Pinellas County, Florida, has employed Lynn as a teacher, since the 1986/1987 school year, and although Lynn is currently suspended without pay, he is employed by a Professional Service Contract. For the first semester of the 1986/1987 school year, Lynn was assigned to Largo High School. For the second semester of 1986/87 school year, Lynn was transferred to St. Petersburg High School. While Lynn was at St. Petersburg High School, one of his female students requested a transfer from Lynn's class due to her perception that Lynn was injecting sexual innuendo into his classroom presentations. Although Lynn denied using such terms, he was counseled by administrators on two occasions to avoid using language that could be construed as containing sexual references. Lynn also received a rating of "I," for "Improvement Expected (growth necessary)" in the judgment category on his annual evaluation for that school year, with a notation that Lynn was "conscious of the need to eliminate off-hand remarks within the lesson." For the 1987/1988 school year and for all further times relevant to the issues presented in this cause, Lynn was assigned to Pinellas Park High School. On September 25, 1987, Richard Allen, an Assistant Principal at Pinellas Park High School, held an initial conference with Lynn to reference the incident at St. Petersburg High the year before and to remind Lynn of the need to avoid using language that was susceptible of being construed as having sexual content. During the 1988/1989 school year, Lynn was seen leaving campus with a female student named Sherry Biafore during lunch time without authorization. It is against school policy to accompany students off campus, or to allow students to leave campus, during school hours without authorization. It also was brought to the attention of the school administration that Lynn allowed Sherry Biafore to be present in his classroom when she was not assigned to that class. At a conference with Marilyn Heminger, the Principal of Pinellas Park High School, to discuss the information the administration had received concerning Biafore, Lynn told her that he had been "counseling" Biafore and that he only left campus with her one or two times. He also admitted to having written two hall passes for Biafore during the fifth period. In fact, Lynn and Biafore had left campus without permission on approximately ten occasions, not just the one or two occasions to which they had admitted. Also, Lynn allowed Biafore to be in his classroom when she was assigned to another class on numerous occasions and at different times during the day. When she was there, in the presence of the students assigned to his class, Lynn would allow her to sit on his lap, to hug and kiss him, and to call him "daddy." He would call her "sweetie cakes," or other terms of endearment, and would give her cigarettes. During the 1988/1989 and 1989/1990 school years, a student named Erica Howell, (DOB 5/25/72), was an office assistant and had to obtain attendance records from teachers who delayed turning them in. Lynn was frequently late in turning in his attendance records, and Howell often had to retrieve this, as well as other information, from Lynn. On one occasion during the fall of the 1989/1990 school year, when Howell had to get attendance records from Lynn, Lynn made comments that could reasonably be perceived as containing sexual innuendo and which were so perceived by Howell, such as "that's not all you can come and get." Also during the 1989/1990 school year, when Howell entered Lynn's classroom to get attendance records, Lynn placed his hands on Howell, in her buttocks area, put his arm around her waist, and around her arm, and touched her on the breast. These actions by Lynn, together with others the previous two years (see Findings 18 through 20, below), disturbed Howell so much that she asked not to be forced to get records from him anymore. When Heminger, the Pinellas Park Principal, heard about the incident, and heard that Erica Howell's parents had called the school to complain, she decided to refer the entire matter to Stephen Crosby, the Pinellas School System's Director of Personnel Services. Crosby began his investigation by interviewing Howell. Howell not only reported the incident during the fall of the 1989/1990 school year, but she also reported incidents which had happened during the 1987/1988 and 1988/1989 school years. 1/ During the 1987/1988 school year, Lynn gave Erica Howell and a foreign exchange student a ride to Howell's home, but instead of going directly home, Lynn took a circuitous route of great length, which concerned Erica Howell and caused the exchange student to cry. During the 1988/1989 school year, when Howell, acting as an office assistant, went to Lynn's classroom to ask for attendance reports, Lynn, in the presence of the students in the class, made remarks that could be reasonably construed as containing sexual innuendo, and which were so perceived by Erica Howell. For example, when Howell asked if she could have the attendance report Lynn would say: "That's not all you can have." On another occasion during the 1988/1989 school year, Lynn overheard Howell and a friend talking about "making connections" with boys during an upcoming weekend. Lynn commented: "I'll be your connection any time." Howell then gave Crosby the name of a friend named Laura Mackie, (DOB 4/6/72), also a former student of Lynn, and reported what Mackie had told her. Crosby next interviewed Mackie. 2/ During the 1987/1988 school year, Lynn put his arm around Mackie, including around her waist, and on one occasion patted her on the buttocks with his hand. Laura Mackie was disturbed by this patting of her buttock by Lynn, and told her friend, Melissa Logue, as well as her track coach. Crosby also received information that both Lynn and Biafore had been dishonest in their statements about what had occurred during the preceding year. Crosby's new information was that Lynn and Biafore had left campus without permission on approximately ten occasions, not just the one or two occasions to which they had admitted. Also, he received information that Lynn allowed Biafore to be in his classroom when she was assigned to another class on numerous occasions and at different times during the day. When she was there, in the presence of the students assigned to his class, Lynn would allow her to sit on his lap, to hug and kiss him, and to call him "daddy." He would call her "sweetie cakes," or other terms of endearment, and would give her cigarettes. (See Finding 12, above.) Crosby next confronted Lynn with the allegations of Howell (see Findings 14, 15, 19 and 20, above) and Mackie (see Finding 22, above) and with the allegation that he in fact had left campus with Biafore on numerous occasions. Lynn denied the allegations and said he could prove that he did not leave the campus with Biafore more than once or twice. Crosby next interviewed the female students who were in Lynn's classes during the fall of the 1989/1990 school year. 3/ During the 1989/1990 school year, a female student named Jennifer Stroyan, (DOB 7/8/75), was adjusting her hair with one hand, while holding books with her other hand, when Lynn put his arm around her, under the arm with which she had been adjusting her hair. Lynn's hand touched her breast, and Stroyan removed Lynn's hand from her breast by a downward motion of her arm. This action by Lynn caused Stroyan to be uncomfortable around Lynn and to lose respect for him as a teacher. During the 1989/1990 school year, a student named Shonyelle Sampson, (DOB 1/19/75), answered a question in class incorrectly, and Lynn told her to use her "fucking head." The effect on Sampson was that she stopped volunteering to answer questions in Lynn's classroom. During the 1989/1990 school year, Lynn was talking with a female student named Keli Jo Girard, (DOB 8/4/73). Noticing that she was wearing a boy's jacket, Lynn asked her if she had a boy friend. When she replied that she did, Lynn asked her if she was still a virgin. When she replied that she was, Lynn stated that it was good to "wait," and then said that he (Lynn) waited until he was 12 years old. During the 1989/1990 school year, Lynn rubbed the neck and shoulders of a female student named Tracy Peterson, (DOB 1/22/75), and, at one point, put his arm around her so far that his hand touched her breast. Lynn's conduct was so disturbing to Peterson that she told her mother, who advised her to avoid Lynn in the future. Lynn frequently used the initials "S.O.B." and "G.D.M.F." in class. He says that he used "S.O.B." as attention- getting way of referring to "state of being" and that "G.D.M.F." actually was part of "G.D.M.F.T.D.," which was supposed to stand for "golly dern, mighty fine, that's dandy." But several of his students were not aware that they were supposed to stand for anything other than the vulgar expressions commonly understood by those initials. Crosby next interviewed female students who had been in Lynn's classes at Pinellas Park High School during previous years. 4/ During either 1987/1988 school year or the 1988/1989 school year, Lynn frequently spoke to a female student named Leslie Kemp, (DOB 5/22/71), while she was in the company of her friend, Keyma Mitchell, and used sexually suggestive terms in the conversations, including asking Kemp to go to a motel with him, and once asking Kemp if she would like her body licked. On another occasion, Lynn patted Leslie Kemp on the buttocks, which action Leslie Kemp reported to Leroy Kelly, a Pinellas Park Police Officer assigned to Pinellas Park High School. On several occasions during the 1988/1989 school year, Lynn placed his arm around the waist of a female student named Helen Seefeld, (DOB 8/11/73). Lynn's actions made Seefeld feel uncomfortable. She did not perceive similar attentions being paid to male students. During the 1988/1989 school year, Lynn rubbed the neck and shoulders of a female student named Melissa Martinez, (DOB 3/16/73), while showing movies to his class or when she asked questions in class. This disturbed Martinez to the point where she stopped asking for assistance in class. Melissa Martinez also heard Lynn remark in class that the woman with whom he was living was satisfying all his needs, which comment was said in such a way as to be reasonably susceptible of being construed as containing sexual innuendo. During the 1988/1989 school year, Erica Thomas (DOB 2/13/73), heard Lynn use the word "fuck" out loud in class. Lynn also rubbed her back and shoulders, which disturbed Thomas to the extent that she asked Lynn to stop. Several times during the 1988/1989 school year, Lynn placed his arm around Keli Jo Girard closely enough that on at least two occasions his hand brushed her breast. On several occasions during the 1988/1989 school year, Lynn placed his arm around the waist of a student named Angela Garrett, (DOB 3/22/72). When he persisted in asking her to be his assistant, it made her nervous, and she tried to avoid Lynn. Also during the 1988/1989 school year, Lynn would walk about his classroom and stop to rub the neck and shoulders of a student named Amber Wilkinson, (DOB 2/10/71), who disliked it and would tell Lynn angrily under her breath to keep his hands off her. During the 1988/1989 school year, Lynn patted a student named Alison Davis, (DOB 7/12/72), on the buttocks on at least three occasions. It then occurred to Crosby that, although they had evidence of allegations of Lynn's improper use of sexual innuendo when he was at St. Petersburg High, they had no similar information during his tenure at Largo High School. Crosby located a Largo High yearbook and picked out a few female students from the grades Lynn taught who appeared to Crosby from their yearbook pictures to be attractive. 5/ While at Largo High School during the first semester of the 1986/1987 school year, Lynn touched his fingers to the chin of a female student named Lynn Smith, (DOB 9/26/71), and told her that she had a pretty face. On a separate occasion, the Respondent asked Smith to stay behind after class to pick up a paper. Lynn was sitting on the corner of his desk. As Smith came close to him, the Respondent quickly brought his legs together, stating that he almost got her that time. These two incidents made Smith very uncomfortable about Lynn as a teacher. Smith did not report either incident at the time because of her age and because she was nervous, but she is now glad the incidents are known. While at Largo High School, Lynn rubbed his hand on the cheek of another of his female students, Kim McGevna, (DOB 2/11/72), saying he did not believe that she was not wearing makeup. Kim McGevna told her mother, Jean McGevna, and her boy friend about Lynn touching her, and the comment that he made, and informed them that she did not like it. Jean McGevna told Lynn, over the telephone, that he had no business touching her daughter and that in the future he should keep his hands off her, and to speak to her only in the classroom and only about school work. Kim's boy friend expressed similar thoughts to Lynn when he and one or more of his friends approached Lynn after a basketball game in the school gymnasium. It is harmful to the learning process for a teacher to subject students to inappropriate touching or sexual comments. Such behavior by a teacher causes a student to lose respect for a teacher, thereby diminishing the teacher's effectiveness. Parents do not appreciate such behavior by a teacher towards their children, and therefore such behavior decreases parent support for the school. Honesty on the part of a teacher when discussing professional matters with administrators is important to the efficient operation of school. Dishonesty by a teacher is a breach of trust that diminishes the teacher's effectiveness. Neither Crosby nor any other school administrator confronted Lynn with the results of Crosby's further investigation (resulting in Findings 18 and 27 through 50), or the additional information regarding how often Biafore was in Lynn's classroom instead of where she was supposed to be (last two sentences of Finding 24) until the information was used as a basis for Lynn's suspension and the School Superintendent's recommendation that the School Board dismiss him. The Respondent has been a teacher for over fifteen years, the majority of the time teaching English. Except for the evaluation at St. Petersburg High that "improvement [in `judgment' was] expected," Lynn received all "excellent" and "good" evaluations during his teaching career. He never before has been terminated from a teaching job and never has been transferred in lieu of firing. Lynn is a friendly, outgoing, "arm-around" type of teacher, to both boys and girls, without the majority of them perceiving any sexual overtones by his general open nature. It is common for Lynn to place his hands on the neck, shoulder and waist of both boys and girls, and he does this openly, in front of others.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Petitioner, the School Board of Pinellas County, enter a final order dismissing the Respondent, Larry Lynn, as a teacher at Pinellas Park High School. DONE and ENTERED this 10th day of April, 1990, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 10th day of April, 1990.
The Issue Whether Respondent violated sections 1012.795(1)(g), and (j), Florida Statutes, and Florida Administrative Code Rule 6A-10.081(2)(c)1.,1 as alleged in the Administrative Complaint and, if so, the appropriate penalty. 1 Unless otherwise noted, all citations to the Florida Statutes and the Florida Administrative Code are to the 2017 versions in effect at the time of the alleged violations.
Findings Of Fact Respondent holds Florida Educator’s Certificate 784361, covering the areas of Educational Leadership, Emotionally Handicapped, English for Speakers of Other Languages (ESOL), Physical Education, School Principal, and Specific Learning Disabilities, which is valid through June 30, 2021. Since 2001, Respondent has held a number of positions with Citrus County Schools, including positions as an ESE teacher, dean of students, assistant principal, and principal. At the time of the hearing, Respondent was working as an ESE teacher at Citrus Springs Middle School. During the time period pertinent to the allegations in the Administrative Complaint (the 2016-2017 school year), Respondent was employed as an assistant principal at Crystal River Middle in Citrus County Schools. Respondent began as an assistant principal at Crystal River Middle in 2015. At Crystal River Middle, Respondent worked closely with the ESE department, the ESE teachers, aides, paraprofessionals, and Cori Boney, who was the ESE specialist for Crystal River Middle. Ms. Boney had worked throughout Citrus County in a number of ESE- related positions before starting at Crystal River Middle in 2011 or 2012 as the ESE specialist. As the ESE specialist, Ms. Boney was responsible for preparing the individual education plan (IEP) paperwork for ESE students, mentoring the ESE teachers, preparing schedules for the ESE paraprofessionals, and working with the families of ESE students. According to Respondent, Ms. Boney was the “go-to” person to find out whether the proper educational and behavioral strategies were being appropriately carried out for ESE students in accordance with their IEPs. Respondent described Ms. Boney as “a guru professionalist, the know-it-all, that tells us when these things [IEP requirements] are happening and when they’re not.” Ms. Boney was considered part of the administrative team. Respondent did not supervise Ms. Boney. At the beginning of the 2016- 2017 schoolyear, administrators were provided a list of employees they supervised and evaluated. On that list, the principal of Crystal River Middle, Inge Frederick, was listed as Ms. Boney’s supervisor. Respondent never evaluated Ms. Boney’s performance, did not provide input on her evaluations, and did not collaborate with the principal on Ms. Boney’s evaluations. Respondent had no authority to discipline Ms. Boney and was not responsible for recommending whether Ms. Boney’s employment contract should be renewed each year. 2 In 2016, Respondent’s relationship with Ms. Boney became more than just a professional relationship. In May 2016, Respondent had double knee surgery. Ms. Boney called him and asked how he was doing. During school administrative meetings held in the early part of the 2016-2017 school year, the subjects of conversation between Respondent and Ms. Boney, as well as other school administrators and staff, would stray away from the business of education to television shows and other casual conversations that were not related to the business of education. Afterwards, Respondent and Ms. Boney would sometimes exchange text messages regarding TV shows. In some of those text messages Ms. Boney would give her opinion as to whether certain actors were handsome, and comment on other non-education related subjects. Over time, the texting and conversations between Respondent and Ms. Boney became more personal, involving subjects regarding Ms. Boney’s former husband, the people she was dating, and clothing she would wear. Respondent also gave Ms. Boney advice regarding her son, who was having trouble at school. Respondent talked to Ms. Boney’s son about how to make better decisions and, at least once, at Ms. Boney’s request, stopped by Ms. Boney’s house to talk to her son. 2 Section 1012.34(3)(c) provides in pertinent part, “The individual responsible for supervising the employee must evaluate the employee’s performance.” Having become somewhat familiar, on one occasion, Respondent told Ms. Boney while they were at school that he knew “her secret.” When he explained to her that he meant he could see her underwear under her clothing, she was embarrassed. But it did not cause an argument or disagreement between them. Respondent and Ms. Boney’s relationship became intimate in the fall of 2016. At the time, Ms. Boney was in a relationship with someone else and Respondent was married. In September 2016, Respondent stopped by Ms. Boney’s house, and while there, he gave her a kiss. It surprised Ms. Boney, but she did not protest. Later, after initially resisting suggestions from Respondent that they should lay together and that nothing would happen, Ms. Boney finally gave in. Contrary to Respondent’s suggestions that nothing would happen, they ended up having sex. After that, Respondent and Ms. Boney met and engaged in sexual intercourse on a number of occasions. Traveling in separate cars, they spent the night together at a motel in Tallahassee on November 23, 2016, and again during the weekend of April 7 through 9, 2017. They also met for two afternoons at a Quality Inn in Crystal River. On another occasion, they met at Respondent’s house. On Valentine’s Day, February 14, 2017, Respondent gave Ms. Boney a tanzanite bracelet. Their affair lasted until sometime in April 2017, when Ms. Boney decided to end it. Their relationship was consensual. While Ms. Boney testified that Respondent was resistant to Ms. Boney’s decision to end the affair and thwarted her attempts to limit contact with him, that testimony, in light of their continued relationship, is unpersuasive. Moreover, the evidence does not show that Respondent used his position as an assistant principal to either begin the affair or resist its end. Ms. Boney and Respondent continued to be friends after the affair. Ms. Boney sought a job in Marion County because she wanted a leadership position. Her application for the position in May 2017 lists Respondent as a reference. In approximately July 2017, Ms. Boney was hired for a new administrative position in Marion County as an ESE coordinator. Around the same time, Respondent was promoted to assistant principal at Crystal River High. Ms. Boney continued her friendship with Respondent. In July 2017, she stopped by Respondent’s office at Crystal River High and brought Respondent a gift. She visited him on more than one occasion at Crystal River High that year. When, in August 2017, Ms. Boney decided to move to Marion County, she asked Respondent for his assistance and Respondent helped her pack for the move. Throughout the 2017-2018 school year, Respondent and Ms. Boney remained friends and exchanged e-mails. On August 24, 2018, Ms. Boney sent a message to Respondent that said, “You can call my office anytime.” Less than 30 days later, in September 2018, Ms. Boney’s boyfriend, Josheau Fairchild, used an application on Ms. Boney’s cell phone and extracted text messages exchanged between Ms. Boney and Respondent evidencing their affair during the 2016-2017 school year. Mr. Fairchild angrily confronted Ms. Boney and demanded that she explain the relationship. When confronted, and at the final hearing, Ms. Boney portrayed her relationship with Respondent in a light most favorable to her. Although admitting her relationship with Respondent was consensual, she portrayed herself as always being uncomfortable with the relationship and trying to end it. Specifically, Ms. Boney testified that she repeatedly tried to stop the relationship, blocked Respondent on her cell phone, and texted Respondent to stop texting her. Ms. Boney further testified that she left Citrus County Schools for a position with the Marion County School District because Respondent made her feel alienated from other staff. Ms. Boney’s testimony in that regard is not credible and inconsistent with evidence clearly showing that Respondent and Ms. Boney had a friendly and cordial relationship before Mr. Fairchild extracted the text messages in question. Those text messages demonstrate that the relationship between Respondent and Ms. Boney was mutual and consensual. They provide no evidence that Ms. Boney was uncomfortable with their relationship or attempted to block off communications with Respondent prior to Mr. Fairchild’s discovery of the text messages. Notably, it was Ms. Boney’s boyfriend, Mr. Fairchild, who, after discovering the text messages, first contacted Citrus County School’s human resources department to complain about Respondent. At the time, Ms. Boney was no longer working for Citrus County Schools and her affair with Respondent had ended well over a year before the complaint. Although the evidence clearly showed that Respondent and Ms. Boney had an affair, it was insufficient to show that Respondent’s past relationship with Ms. Boney during the 2016-2017 school year reduced his effectiveness or ability to perform his duties. Rather, the evidence demonstrated that Respondent satisfactorily performed all of his job duties during the 2016-2017 school year. Both Respondent and Ms. Boney received final summative performance ratings of “Effective” and “Highly Effective,” respectively. The following year, Respondent was promoted to the position of assistant principal at Crystal River High for the 2017-2018 school year. Respondent received an “Effective” final summative performance evaluation for the 2017-2018 school year. Subsequently, Respondent was promoted to the position of principal at Crystal River Middle, the position he held when Ms. Boney’s boyfriend extracted the subject texts in the fall of 2018, which revealed Ms. Boney’s affair with Respondent that had ended over a year before. In addition to the allegation of the affair itself, the Administrative Complaint alleges, “When questioned about the incident, Respondent first admitted to the sexual relationship with the teacher. During the same interview, Respondent lied, and denied having a sexual relationship with the teacher.” Respondent was first questioned by the school district regarding his affair with Ms. Boney during a meeting held at the school district’s office on October 5, 2018, between Respondent, Suzanne Swain, and Brendan Bonomo. Respondent believed the meeting was going to be about an unrelated matter. Ms. Swain instead advised Respondent that complaints had been filed against him by both Joshua Fairchild and Cori Boney. At the time, not believing he would need representation, Respondent waived his right to representation. When told of Ms. Boney’s accusations at the onset of the meeting, Respondent became angry and hurt. He thought about the injustice of Ms. Boney’s allegations and how hard he had worked to obtain his position as a principal. He was upset and “not with it,” during the meeting. The evidence is unclear whether, during that meeting on October 5, 2018, Respondent was provided with the text messages that Ms. Boney’s boyfriend had extracted. According to Respondent, during that meeting, he admitted sending text messages to Ms. Boney of a sexual nature, but denied having sexual intercourse with her. In contrast, according to the testimonies and written statements signed by both Ms. Swain and Mr. Bonomo, Respondent first admitted and then denied having a sexual relationship with Ms. Boney. The interview was not recorded. At that October 5, 2018, meeting, Mr. Bonomo typed up a statement for Respondent stating: During the time that Cori Boney was under my supervision there was no sexual intercourse but there were inappropriate text messages. Respondent signed the typed statement under an acknowledgement stating that “I find the above statement to be true and correct. I certify that I have read it or it has been read to me.” Both Ms. Swain and Mr. Bonomo signed the typed statement as witnesses. On November 2, 2018, Respondent attended another meeting with Ms. Swain and Mr. Bonomo during which Respondent was given an opportunity to respond to evidence gathered during the school district’s investigation. At that meeting, Respondent was allowed to review the text messages extracted from Ms. Boney’s phone. The school district’s attorney, Tom Gonzalez, was also at the meeting. During the meeting, Respondent denied having a sexual relationship with Ms. Boney, denied giving her a tanzanite bracelet, and denied meeting her at hotels. Respondent reiterated these denials during his testimony at the final hearing. Then, at a later meeting with Ms. Swain and Mr. Bonomo held on November 14, 2018, Respondent was told that his employment as principal of Crystal River Middle was going to be terminated. To that, Respondent said something to the effect of, “After 20 years that’s it, I’m done?” Ms. Swain responded by asking Respondent whether he was requesting a position. When Respondent said yes, Ms. Swain left the room. When Ms. Swain returned, she told Respondent that he would be able to secure a position with Citrus County Schools if he drafted a written admission statement. Ms. Swain influenced the content of Respondent’s statement. She told Respondent that the statement would have to say that he had an inappropriate sexual relationship with Ms. Boney while he supervised Ms. Boney at Crystal River Middle. Respondent dictated a statement to Mr. Bonomo and Mr. Bonomo typed the statement for Respondent to sign. The statement, which was dated and signed by Respondent on November 14, 2018, states: Ms. Himmel and the Executive Team, I am formally requesting an instructional position with Citrus County Schools. I acknowledge that I had an inappropriate relationship with Cori Boney during the time she was an ESE Specialist at Crystal River Middle School while I was the Assistant Principal at Crystal River Middle School and I supervised Ms. Boney. I am remorseful for my actions and I want to extend my heartfelt apologies to Mrs. Himmel and the entire Crystal River Community. I appreciate Mrs. Himmel consideration with this request. Sincerely, /s/ Charles Brooks, Jr. After submitting his written statement, Respondent was offered, and he accepted, a position as an ESE teacher at Citrus Springs Middle. Respondent received an “Effective” final summative performance evaluation for his position as an ESE teacher for the 2018-2019 school year. Despite the fact that Respondent, in essence, was demoted from his position as a school principal to a classroom teacher, the Commissioner seeks a two-year suspension of Respondent’s educator’s certificate. A two-year suspension would result in Respondent’s loss of his current position and cause him significant hardship.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be issued finding that Respondent did not violate section 1012.795(1)(g), Florida Statutes, and dismissing the allegations of the Administrative Complaint in that regard, and further finding that Respondent violated section 1012.795(1)(j), Florida Statutes, by failing to maintain honesty in all professional dealings as required by Florida Administrative Code Rule 6A-10.081(2)(c), but not imposing any further discipline against Respondent or his educator’s certificate, other than the demotion he has already received from the Citrus County School District. DONE AND ENTERED this 20th day of October, 2020, in Tallahassee, Leon County, Florida. S JAMES H. PETERSON, III Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of October, 2020. COPIES FURNISHED: Ron Weaver, Esquire Post Office Box 770088 Ocala, Florida 34477-0088 (eServed) Branden M. Vicari, Esquire Herdman & Sakellarides, P.A. Suite 110 29605 U.S. Highway 19 North Clearwater, Florida 33761 (eServed) Lisa Forbess, Interim Executive Director Education Practices Commission Department of Education Turlington Building, Suite 316 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Randy Kosec, Jr., Chief Office of Professional Practices Services Department of Education Turlington Building, Suite 224-E 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed)
Findings Of Fact From September 5, 1991, and at all times material to this case, Respondent Brenda Simmons was employed under an annual contract as a teacher's aide, a classified employee position, by the Lee County School Board. On January 29, 1993, the Cypress Lake High School women's basketball team played the Mariner High School team at the Cypress Lake gym. The Respondent was the coach of the Cypress Lake junior varsity team which played the Mariner team prior to the varsity team game. During the junior varsity game, the Respondent sat with the players while coaching them. During the varsity game, the Respondent sat with her sisters next to the Mariner cheerleaders and close to the playing area. The section within which the Respondent sat during the varsity game is an area where black students generally sit to watch the game. The Respondent is black. The Mariner cheerleaders who testified at the hearing are white. The Respondent and her sisters apparently were annoyed that the cheerleaders would occasionally block their sight lines during cheers. During the game, the Respondent made hand gestures ridiculing the cheerleaders movements. At one point during the game, the Respondent called one cheerleader a "fucking slut." She also called one particular cheerleader a "fat ass." The Mariner cheerleaders were disturbed by the Respondent's behavior and as the game was ending, notified their adviser of the situation. The adviser contacted her Cypress Lakes counterpart who identified the Respondent and informed the assistant principal of Cypress Lakes. In the lobby area of the gym, the Cypress Lakes assistant principal approached the Respondent and inquired as to the situation. The Respondent became loud and angry, at which point the assistant principal suggested that the discussion should be continued on the next school day. The Respondent stated that she did not "have to take this shit" and left the gym. The Respondent then went into the parking lot of the gym and confronted the Mariner cheerleaders as they were being escorted to their transportation. The Respondent threatened the cheerleaders, stating she would "kick your motherfucking asses." The assistant principal, notified of the parking lot incident, went to the scene in an attempt to calm the situation. The Respondent continued to threaten the Mariner cheerleaders and to respond to the assistant principal in an angry and hostile manner. The Superintendent of Schools directed that the matter be investigated. Subsequent to his inquiry, a meeting was conducted on February 5, 1993, at which time the Respondent was provided with an opportunity to respond to the allegations. The Respondent denied that she had acted inappropriately towards the Mariner cheerleaders or that she had been insubordinate to the assistant principal. The Respondent claims that the complaining witnesses in this case are unable to distinguish her from her sister and that her sister was the person who acted inappropriately. The evidence, which includes eyewitness identification from persons who worked with the Respondent on a daily basis fails to support her claim. Further, the Respondent's sister denied that she used such language as was alleged.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Lee County School Board enter a Final Order terminating the employment of Brenda Simmons. DONE and RECOMMENDED this 23rd day of February, 1994, in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM 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 23rd day of February, 1994 APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-2940 The Respondent filed a written closing argument which included no proposed findings of fact. The following constitute rulings on proposed findings of facts submitted by the Petitioner The Petitioner's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows: 5-6. Rejected, not supported by the greater weight of credible and persuasive evidence. 10. Rejected, not supported by the greater weight of credible and persuasive evidence. 11-12. Rejected, subordinate. 14-19, 24, 31. Rejected, unnecessary. COPIES FURNISHED: Bobbie D'Alessandro, Superintendent School Board of Lee County 2055 Central Avenue Fort Myers, Florida 33901-3988 Marianne Kantor, Esquire School Board of Lee County 2055 Central Avenue Fort Myers, Florida 33901-3988 John M. Hament, Esquire Kunkel & Hament Suite 785, 1800 Second Street Sarasota, Florida 34236 Willie Green Willie J. Battle 1971 French Street Fort Myers, Florida 33916
Findings Of Fact The Respondent Respondent holds Teaching Certificate No. 75756, covering the areas of physical education, health education and drivers education. The Certificate expires June 30, 1987. At all times material hereto, the School Board of Palm Beach County employed respondent as an assistant principal at Lake Shore Middle School in Belle Glade, Florida. Respondent was first hired by the School Board in 1956, as a physical education instructor at East Lake Junior High School, in Belle Glade. During the ensuing years, he served as athletic director, football coach, basketball coach, baseball coach and drivers' education teacher at three Belle Glade schools (East Lake Junior High, Lake Shore High School and Glade Central High School) until his transfer in 1971 to Lake Shore Middle School as Dean of Boys. In 1978 he was promoted to Assistant Principal. In 1982, the School Board suspended respondent on charges of "misconduct and immorality arising out of improper sexual advances made by [him] toward female students at Lake Shore Middle School during the 1981-82 school years." After an evidentiary hearing on October 25-26, 1982, the School Board, by mixed vote, found him guilty of the charges, cancelled his continuing contract (tenure), and terminated his employment. The Department seeks to revoke or otherwise discipline respondent's Teaching Certificate on charges substantially the same as those brought (and sustained) by the School Board. Prior to the complained of conduct, respondent had an unblemished school employment record. By all accounts he was gregarious and outgoing, a competent, caring, and dedicated teacher and administrator. He was popular with students, respected by faculty, relied on by school administrators, and generally considered a "pillar of the community." He had been raised in Belle Glade. Unlike most county school teachers in Belle Glade, who taught there but lived elsewhere, he considered Belle Glade his home. Improper Sexual Remarks or Sexual Advances Toward Female Students Count I: Advances toward T. E. T. E. was 14 years old and a student at Lake Shore Middle School, where respondent was Assistant Principal. On May 17, 1982, she entered his office and asked for a lunch ticket. He could not find an extra lunch ticket in this office so he told her to accompany him to the data processing office where lunch tickets were kept. She complied and they walked together to data processing. He unlocked the door, turned on the lights, and they went in. They both looked around the office, but could not find the lunch tickets. Respondent then told her to return with him to his office and he would give her a temporary lunch pass. As they reached the door of the data processing office, he turned off the lights, put his arm around her shoulder, and asked her for a kiss. She refused. He asked her again, and she again refused. During this exchange he reached down and touched her breast. She felt his touch and was afraid; he was not restraining her though, and she did not think he would try to hold her against her will. They then left data processing. He returned to his office and she began walking to her class. He came back out of his office and told her not to tell anyone about the incident. She agreed. A little later, he found a lunch ticket and gave it to her. Enroute to her class, she began to cry. A student friend asked her what was wrong. T. E. wrote her a note, explaining what had happened. The friend told a teacher, who--along with others--told her to tell her parents. When T. E. arrived home that afternoon, respondent was talking to her grandmother. She heard him say that T. E. had misunderstood something he had done, or said. At 8:15 a.m. the next morning, May 18, 1982, respondent reported to Principal Edward Foley's office for his routine duties. As they were conducting an inspection, respondent asked to see him when they returned to the office, stating he had a "serious problem" to discuss with him. He then told Principal Foley that he (respondent) was being "accused of feeling on a young female student," (Petitioner's Exhibit No. 1), and explained his version of the incident. He did not tell the principal that he had twice asked the student for a kiss, and had touched her breast. He said that he had put his arm around her shoulder as they left date processing. Later that day, a conference on the incident was held in the principal's office. The principal, an assistant principal, respondent, T. E., T. E.'s mother and grandmother, and several teachers were present. Shortly after the conference convened, respondent asked for and was given permission to talk to T. E.'s mother and grandmother in a separate office. Once there, respondent told T. E.'s mother that he thought he had done something to upset T. E.; that he was sorry; and that he could understand how the mother felt because he would feel the same if T. E. was his child. He then asked T. E.'s mother to have her daughter say that she made a mistake and that it was simply a misunderstanding. The mother refused. During this short discussion, T. E.'s mother asked him if he had asked T. E. for a kiss: he said, "yes." When asked, "Did you touch her breast?", he replied, "I might have. But . . . I'm sorry, I didn't hurt your daughter." (TR-112) 2/ Count II: Improper Sexual Remarks to C. D. C. D. was a 14 year old female student at Lake Shore Middle School during the 1981-82 school year. On one occasion during that school year, respondent approached her (during school hours) when she was walking to the school cafeteria. He told her she "had big breasts and he wanted to feel one." (TR-33) Count III: Sexual Advances toward C. C. C. C. was a 15 year old female student at Lake Shore Middle School during the 1981-82 school year. On one occasion during that school year, as she was leaving the campus (though still on school grounds) at the end of the school day, respondent, who was walking with her, put his arms around her and asked her for a kiss. Count IV: Improper Sexual Remarks to C. S. C. S. was a 14 or 15 year old female student at Lake Shore Middle School during the 1981-82 school year, when respondent approached her as she was leaving the gym. He remarked, "You have some big breasts." (TR-57) She kept walking. Earlier that year, respondent asked her, "Do you wish things wasn't (sic) the way they are." This remark had, and was intended to have, sexual connotations. (TR-56) Later that school year, respondent, while on campus and during school hours, approached C. S. and asked her "to come in his office and give him a kiss." (TR-57) She left, without complying with his request. Conflicts Resolved Against Respondent Respondent denied having made these improper verbal remarks to, or physical sexual advances toward the four female students. The students' testimony, although containing minor discrepancies, is accepted as more credible than respondent's denial, and conflicts in the testimony are resolved against him. The students showed no hostility toward respondent and, unlike him, had not motive to falsify. Reduced Effectiveness The allegations against respondent, involving these four female students, received widespread notoriety in the area. As a result, his effectiveness as an employee of the School Board has been seriously reduced.
Recommendation Based on the foregoing, it is RECOMMENDED that respondent's teaching certificate be revoked, and that he be declared ineligible for reapplication for three years following revocation. DONE AND ENTERED this 6th day of August 1984 in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of August 1984.
