The Issue The issue in this case is whether a high-school assistant principal made inappropriate remarks to two female students on campus during school hours, and then later harassed one of them, thereby entitling the district school board to suspend the administrator for 30 workdays without pay.
Findings Of Fact The Miami-Dade County School Board ("School Board"), Petitioner in this case, is the constitutional entity authorized to operate, control, and supervise the Miami-Dade County Public School System. As of the final hearing, Respondent Anthony C. Brooks ("Brooks") had been employed as either a teacher or administrator in the Miami-Dade County Public School System for approximately 23 years. At all times relevant to this case, Brooks was an assistant principal at Miami Jackson Senior High School, where his primary responsibility was discipline. The operative contract of employment between Brooks and the School Board required Brooks to "observe and enforce faithfully the state and federal laws, rules, regulations, and School Board Rules insofar as such laws, rules, regulations, and policies are applicable to the position of employment." Pursuant to the contract, Brooks agreed "to become familiar and comply with state and federal laws, rules, regulations and policies of the School Board and of the Department of Education for which [he] w[ould] be held accountable and subject to[.]" The agreement entitled the School Board to suspend or dismiss Brooks for just cause including "the failure to fulfill the obligations under this Contract." The Alleged Inappropriate Remarks The School Board alleges that on February 12, 2004, Brooks told M. D., a female student, that she should consider becoming a model, and that he would take pictures of her at the beach. The School Board alleges further that, the same day, Brooks separately encouraged another female student, F. J., to think about modeling. The evidence presented at hearing failed persuasively to substantiate these charges. The findings that follow in this section, based on evidence that is in substantial conflict, depict the likeliest scenario derivable from the instant record,1 though the undersigned's confidence in the accuracy of some aspects of this historical narrative is relatively limited.2 On the morning of February 12, 2004, a security monitor called Brooks to a classroom where some students were creating a disturbance. Upon his arrival, the teacher pointed out to Brooks the four students who had been causing problems. Brooks asked them to step outside. One of the four was M. D. Brooks told the students, in effect, to straighten up. In the course of lecturing the students, Brooks said to M. D., "You could be a model or something like that." Brooks was not attempting to proposition M. D. His remark was intended to boost her self-esteem and encourage M. D. to set higher standards of personal behavior for herself. Later that day, Brooks ran into M. D. outside the cafeteria. M. D. was talking to a security monitor, and Brooks overheard her say, "Mr. Brooks said I could be a model." The security monitor loudly and rudely scoffed at that idea. Thereafter, Brooks took M. D. aside, to the doorway of the SCSI (indoor suspension) room, and warned her not to discuss her personal business with everyone. Sometime later (perhaps the same day), Brooks was walking in the cafeteria, and F. J., a friend of M. D.'s, stepped on his foot. F. J. continued on her way without pausing and sat down at a table outside the SCSI room. Brooks walked over to her and invited an apology. F. J. declined. Brooks informed her that he would "model" good manners for her and proceeded to deliver an apology. Then, he left. Soon M. D. and F. J. reported to their cheerleading coach that Brooks had expressed interest in taking them to the beach for a photo shoot. The coach passed this allegation along to the administration, which in turn called the school police and the State Attorney's Office. The prosecutor declined to press criminal charges against Brooks; the Office of Professional Standards ("OPS") requested a personnel investigation. Detective Pedro Valdes conducted the investigation. He interviewed M. D., F. J., Brooks, and Trust Counselor Patricia Manson (who disclaimed personal knowledge of the events in dispute). The detective evidently did not believe (or at least gave little weight to) Brooks's denial of wrongdoing, for he determined that the students' statements were sufficiently credible to support the conclusion that Brooks had violated a School Board rule prohibiting improper employee/student relationships. The detective's report announcing that this charge had been "substantiated" was released in July 2004. Having effectively been found guilty by the detective, Brooks was summoned to a conference-for-record ("CFR"), which was held on August 11, 2004. There, Brooks was given an opportunity to deny the charge (but not to confront M. D. and J., whose statements comprised the "evidence" against him). He failed to persuade the administrators that the detective had reached the wrong conclusion. The administrators issued several directives to Brooks, including the following: Refrain from contacting anyone involved in this investigation at any time. Refrain from inappropriate contact and/or comments with students. The Alleged Harassment On August 25, 2004, F. J. came to school dressed inappropriately, in a short skirt and tank top. At the beginning of second or third period, a security monitor named Frantzy Pojo noticed that F. J. was in violation of the dress code and attempted to remove her from class. The teacher refused to let F. J. leave with the security monitor. Faced with the teacher's obstructiveness, Mr. Pojo called Brooks, the assistant principal in charge of discipline whose portfolio included dress code enforcement. Mr. Brooks came to the classroom and spoke with the teacher. He asked that the teacher instruct F. J. to put on a jacket to cover up. The teacher——and F. J.——complied. The very next day, Mr. Pojo spotted F. J. and saw that she was, once again, not dressed appropriately. Mr. Pojo called Brooks to handle the situation. Brooks found F. J. in the library and agreed that she was in violation of the dress code. He observed that two or three other girls were also dressed inappropriately. Mr. Pojo and Brooks escorted these girls to the SCSI room and left them there. Brooks instructed the teacher-in-charge not to suspend the students but rather to let them call their parents and request that appropriate clothes be brought to school. F. J. called her mother and complained that Brooks was harassing her. F. J.'s mother became angry and arranged to meet with the principal, Deborah Love, that afternoon. When F. J., her mother, and Ms. Love met as scheduled, F. J. accused Brooks of having followed her to classes and singled her out unfairly for discipline in connection with the dress code violations. At Ms. Love's request, F. J. submitted written statements concerning the events of August 25 and August 26, 2004.3 Ms. Love believed F. J. and apparently had heard enough. Without investigating F. J.'s allegations or even asking Brooks to respond to them, Ms. Love prepared a memorandum, dated August 27, 2004, in which she charged Brooks with insubordination. Specifically, Ms. Love alleged that Brooks had violated the directive, given at the recent CFR, to refrain from contacting anyone involved in the investigation stemming from the allegation that Brooks had made inappropriate remarks to M. D. and F. J. On or about August 27, 2004, Ms. Love ordered Brooks not to return to campus but instead to report to an alternate worksite pending further action on the charges against him. At its regular meeting on December 15, 2004, the School Board voted to accept the recommendation of OPS that Brooks be suspended without pay for 30 workdays. Ultimate Factual Determinations Brooks's conduct was not shown to have been outside the bounds of accepted standards of right and wrong. He is therefore not guilty of immorality, as that offense is defined in Florida Administrative Code Rule 6B-4.009(2). Brooks did not fail to make a reasonable protective effort to guard either M. D. or F. J. against a harmful condition; had he neglected such duty, Brooks could have been disciplined for misconduct in office. Brooks did not intentionally expose either M. D. or F. J. to unnecessary embarrassment or disparagement; had he done so, Brooks could have been disciplined for misconduct in office. Brooks did not harass or discriminate against M. D. or F. J. on the basis of any improper consideration, such as race, color, or religion; had he done so, Brooks could have been disciplined for misconduct in office. Brooks did not exploit a relationship with either M. D. or F. J. for personal gain or advantage; had he done so, Brooks could have been disciplined for misconduct in office. Brooks did not constantly or continually refuse intentionally to obey a direct and reasonable order, which willful defiance, had he shown it, would have constituted "gross insubordination" under Florida Administrative Code Rule 6B- 4.009(4). Brooks did not violate School Board Rule 6Gx13-4A- 1.21, which prohibits unseemly conduct and abusive or profane language. Brooks did not violate School Board Rule 6Gx13-4-1.09, which prohibits unacceptable relationships and/or communications with students. Accordingly, it is determined that Brooks is not guilty of the charges that the School Board has brought against him.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the School Board enter a final order (a) rescinding its previous decision to suspend Brooks without pay and (b) awarding Brooks back salary, plus benefits, that accrued during the suspension period of 30 workdays, together with interest thereon at the statutory rate. DONE AND ENTERED this 17th day of October, 2005, in Tallahassee, Leon County, Florida. S JOHN G. VAN LANINGHAM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of October, 2005.
The Issue Whether Respondent committed the acts alleged in the Administrative Complaint dated February 27, 2012, and filed with DOAH on March 14, and, if so, the discipline that should be imposed against Respondent's employment.
Findings Of Fact At all times material hereto, Petitioner was the constitutional entity authorized to operate, control, and supervise the public schools in Broward County, Florida. At all times relevant to this proceeding, Respondent has been employed as a classroom teacher at Blanche Ely High School (the school), which is a public school in Broward County. In 2008, Karlton Johnson became the principal of the school and was the principal at all times relevant to this proceeding. On or shortly before December 3, 2008, three of Respondent's students submitted a written statement to Sabrina Elsinger, who was an assistant principal at the school. The written statement accused Respondent of making racially inappropriate statements to the students, who were of Haitian descent. In response to the written statement, Ms. Elsinger met with Respondent and prepared a "Meeting Summary" which included the following: On 12/04/2008 at 2:45 pm we met to discuss students allegations of unfair treatment and "bullying" by you within your classroom. During this meeting, I shared with you the following student allegations: You said "I wish they would put you in a boat and send you back where you came from." Students are told to shut up when speaking out of turn. A student was told to stand in a corner near the garbage can because "that's where he belongs." Students feel bullied by you. You allow students from other origins to [sic] bully them. I also shared with you the following expectations: You will speak to the students with kindness and professionalism. You will call for security for student removal when a student is unruly. Students will feel equity within the diverse population of your classroom. No disciplinary action was taken against Respondent for these alleged statements. Petitioner did not present competent evidence that Respondent made the statements attributed to her. In a separate incident, Respondent was accused of engaging in an inappropriate discussion with another teacher about religion in front of a classroom of students. Respondent received a Record of Counseling for that alleged incident, but no discipline was imposed against her.1 Respondent and Mr. Johnson are African-Americans. Phil St. Jean's mother is African-American and his father is of Caribbean descent. Mr. St. Jean, who is of a dark complexion, was 18 years old at the time of the formal hearing and had graduated from the school. During the 2010-2011 school year, Mr. St. Jean was in a remedial class taught by Respondent for students who had not passed the FCAT. Respondent frequently had Mr. St. Jean removed from the class for his alleged misconduct, primarily talking too much. Respondent believed that she was justified in removing him from her class. Mr. St. Jean believed that Respondent was picking on him, treated him unfairly, and blamed him for things he had not done. Mr. St. Jean decided to record a video of Respondent as proof of Respondent's unfair treatment of him. Mr. St. Jean did not think the administration would believe that Respondent was mistreating him without the video. On May 6, 2011, Mr. St. Jean walked into Respondent's classroom just before class was to start. He had an iPod concealed in his hands that recorded Respondent without her knowledge or permission. Several other students were present in the classroom, including Kevin Eason and Laila Santiago. After he entered the classroom, Respondent went up to Mr. St. Jean, pointed a pointer at him and stated "You've got one time, chocolate." That scene was captured on video. The other students in the classroom laughed when Respondent made the comments to Mr. St. Jean. Respondent testified that she was engaging in banter with Mr. St. Jean and that she did not intend her statement to be a racial slur. In her defense, Respondent points out that there were no white students present when she made the comments. That testimony lacks credibility and is rejected. The video and the testimony of Mr. St. Jean establish that Respondent's comments were made in a threatening manner and were intended to be a warning to Mr. St. Jean to behave. Respondent's use of the term "chocolate" was a reference to Mr. St. Jean's complexion and is properly viewed as being a racial slur. After he caught Respondent's comments on video, Mr. St. Jean inadvertently stopped recording. Respondent thereafter called Mr. St. Jean a "little chocolate boy" and described him as being "the dark chocolate nobody likes to eat." Respondent's comments to Mr. St. Jean caused the other students in the classroom to laugh at Mr. St. Jean. Respondent made Mr. St. Jean the butt of the joke. While he did not react to Respondent's comments, Mr. St. Jean testified, credibly, that he was humiliated, embarrassed, and deeply hurt by them.2 Mr. St. Jean showed his mother the video recording of Respondent later that night. The next school day, Mr. St. Jean's mother went to the school to address her concerns about her son's behavior and academic performance in Respondent's classroom and the inappropriate comments discussed above. Assistant Principal Heidi Jones called Mr. Johnson to join the meeting with Mr. St. Jean and his mother. Mr. Johnson had not previously been aware of any problems between Mr. St. Jean and the Respondent, and he did not know the nature of the meeting beforehand. Mr. Johnson brought Respondent to join the meeting. Respondent did not have any documentation of Mr. St. Jean's disciplinary issues, had not followed the discipline matrix, and had never contacted his mother regarding any issue with his behavior or performance in her classroom. After discussing disciplinary issues with her son, Mr. St. Jean's mother asked Respondent directly whether she had called her son a name. At that point, unaware that there was a video recording, Respondent denied calling Mr. St. Jean a name and left the meeting. Mr. St. Jean and his mother then showed Mr. Johnson the video recording and downloaded it onto Mr. Johnson's work computer. Respondent's conduct impaired her effectiveness in the school system.
Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that the School Board of Broward County, Florida, enter a final order adopting the Findings of Fact and Conclusions of Law contained in this Recommended Order. It is further RECOMMENDED that the final order find Leslie Rainer guilty of misconduct in office and that it suspend her employment without pay for a period of five school days. It is further recommended that the final order require Leslie Rainer undergo diversity training to be determined by the School Board within 60 days of the entry of the Order. It is further recommended that Leslie Rainer's fringe benefits (such as health insurance) not be disturbed during the period of suspension. DONE AND ENTERED this 22nd day of October, 2012, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of October, 2012.
The Issue The issue for consideration in this matter is whether Respondent should be dismissed from employment with the Polk County School Board because of the matters alleged in the letter of intent prepared by the Superintendent of Schools.
Findings Of Fact At all times pertinent to the issues herein, the Petitioner, Polk County School Board, (Board), was the county agency responsible for providing public primary, secondary and adult education in Polk County, Florida, and operated Haines City High School, (HCHS), in Haines City. Respondent had been employed at HCHS for eight years, and in the last two years prior to the incidents herein taught in the school's Diversified Cooperative Training Program, (DCT) under a continuing contract of employment. DCT students are allowed to leave campus before the end of the school day to work at jobs in the local area. However, Respondent allowed some students to leave school during the morning hours for the purpose of getting breakfast and, coincidentally, to bring items back to school for her to eat. There is also allegation that Respondent would solicit students to run personal errands for her during school hours but would not give them a pass to allow them to lawfully leave the campus. Allegedly, she advised them that they were on their own and she would deny responsibility or knowledge if they were caught. Taken together, the evidence establishes that Respondent did allow students to leave class on personal business and did not give them passes to be off campus. It also appears that she solicited them to pick up items for her while they were away, but not that she solicited students to leave class to run errands off campus for her. Even so, her actions are in violation of the Board policy regarding student absence from campus, a policy about which Respondent had been briefed. In addition, some time during the Autumn of 1994, Respondent overheard a student on the school's football team, Bradford Parton, discussing with his girlfriend the fact he was having cramps. Respondent advised him he should take potassium and on at least one occasion, during a class session, gave Parton a pill which, she said, would give him energy and take away his cramps. She believed the pill was the functional equivalent of one banana. Respondent was aware that it was a violation of Board policy for anyone other than the school nurse to administer any form of pill or medication to a student. When the Principal learned that Respondent had given Parton the pill, he directed an investigation into the matter. On November 17, 1994, after he had heard that Respondent was making comments in class to the effect that the students were getting her in trouble with the administration, the Principal gave her verbal instructions not to discuss these matters with the students and to limit her conversations with them to matters related to class work. His comment to her included, "Just teach the class. Just don't bring yourself down to their level." The following day, on November 18, 1994, after receiving word that Respondent had again spoken to Parton after he had warned her not to do so, the Principal reduced his prior comments to writing and again instructed her not to discuss the matter with any students, warning her that he considered her doing so a matter of insubordination which, if repeated, would result in severe disciplinary action. There is some indication Respondent, in early December, 1994, advised several students after the warning she was going to have them removed from her class She subsequently advised the school's guidance counselor that several of the students involved should be removed from her class because they appeared to be "unhappy" in it. The students denied being unhappy in class and urgently resisted being removed because they needed the credit to graduate. Respondent's comments to the students constituted insubordination, and her action in urging removal of the students was considered by the administration to be an attempt at retaliation against them because of their allegations made against her. There is also indication that while the investigation into the allegations against her was under way, Respondent spoke with Ms. Denmark, another teacher, who was in the room when Respondent gave the pill to Mr. Parton, in an effort to get her to change her statement. School Board officials consider Respondent's blatant violation of school rules and policies by allowing students to leave campus without a pass and by improperly administering a pill to a student combine to severely impair her effectiveness as a teacher. Under the circumstances established here, this appears to be the case. Prior to the initiation of this action, Respondent had received a verbal warning regarding drinking in front of students at a conference and regarding making untoward comments about Blacks. Her personnel record, commencing with the teacher evaluation of her performance in the 1988-1989 school year, reflects positive comments and no substantial criticism. However, in July, 1994, the Superintendent advised Respondent of his intention to suspend her without pay for five days for making improper comments of a sexual nature toward students and for allowing students to grade papers, to average grades and to have access to her grade book. Respondent requested hearing on this proposed action. That hearing was held consolidated with the instant hearing and no final action has been taken by the Board.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that Respondent, Mary L. Canova's, suspension without pay pending hearing be sustained and that she be dismissed from employment as a teacher with the Polk County School Board because of misconduct in office and gross insubordination as described herein. RECOMMENDED this 3rd day of November, 1995, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 3rd day of November, 1995. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 95-2599 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. FOR THE PETITIONER: 1. - 4. Accepted and incorporated herein. - 9. Accepted and incorporated herein. Accepted in so far as Respondent allowed students to leave campus and periodically suggested those who did run errands for her. - 13. Accepted and incorporated herein. 14. Accepted and incorporated herein. FOR THE RESPONDENT: & 2. Accepted and incorporated herein with the understanding that the term, "no further details regarding the allegations were provided" refers to the charging letter, and that Respondent was provided with specific allegations of misconduct prior to hearing. Accepted and incorporated herein. Accepted. Accepted and incorporated herein. Accepted and incorporated herein. & 8. Accepted and incorporated herein. First sentence accepted and incorporated herein. Second sentence rejected. See Partain's December 2, 1994 letter to Chapman. Accepted and incorporated herein. COPIES FURNISHED: Donald H. Wilson, Jr., Esquire Lane, Tron, Clarke, Bertrand, Vreeland & Jacobsen, P.A. Post Office Box 1578 150 East Davidson Street Bartow, Florida 33831 Mark Herdman, Esquire Herdman and Sakellarides, P.A. 24650 U. S. Highway 19 North Suite 308 Palm Harbor, Florida 34684 John A. Stewart Superintendent Polk County Schools Post Office Box 391 1915 South Floral Avenue Bartow, Florida 33830
Findings Of Fact Respondent, Jean-Baptiste Guerrier (Guerrier), holds Florida Teaching Certificate No. 59692 covering the area of English which is valid through June 30, 1995. Guerrier was employed as a teacher at Miami Edison Middle School during the 1992-93 school year. On September 20, 1993, the following disciplinary action was taken by the Dade County School System against Guerrier for conduct unbecoming a school employee: Directives were issued to Respondent to refrain from making inappropriate remarks. Respondent was issued a letter of reprimand. Respondent was placed on prescription. Respondent received an unacceptable rating for Category VII and an overall summary rating of unacceptable on his 1992-93 TADS Annual Evaluation. On November 29, 1994, the Commissioner of Education issued an Administrative Complaint against Guerrier alleging that he made inappropriate comments of a sexual nature to three eighth grade female students during the 1992-1993 school year. Based on the evidence presented Guerrier did not make such comments. The Administrative Complaint alleged that Guerrier engaged in inappropriate behavior of a sexual nature with two eighth female students during the 1992-1993 school year. Based on the evidence presented Guerrier did not engage in such behavior. A teacher at Miami Edison Middle School observed Guerrier putting his arm around female students during the changing of classes. He did not identify the students. During these occasions, Guerrier's back was turned towards the teacher. The teacher characterized Guerrier as a gregarious teacher. During the 1992-1993 school year, Guerrier had three female cousins who were attending Miami Edison Middle School. Guerrier would put his arm around his cousins' shoulders when he would see them at school. Guerrier did not put his arm around any other female students.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Administrative Complaint against Jean-Baptiste Guerrier be DISMISSED. DONE AND ENTERED this 24th day of July, 1995, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of July, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-649 Neither Petitioner nor Respondent filed proposed findings of fact. COPIES FURNISHED: Karen Barr Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Ronald G. Stowers, Esquire Department of Education Suite 1701, the Capitol Tallahassee, Florida 32399-0400 William Du Fresne, Esquire 2929 Southwest 3rd Avenue, Suite One Miami, Florida 33129 Kathleen M. Richards, Administrator Professional Practices Services 352 Fla. Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue The issue in this case is whether the Education Practices Commission should revoke or otherwise discipline the Respondent’s educator certificate for allegedly making disparaging or embarrassing comments to and about students in his classroom, including calling them idiots or dumb.
Findings Of Fact The Respondent has a bachelor’s degree in astrophysics and a master’s degree in physics from the University of Central Florida. He has worked for Disney World’s education programs and at the Orlando Science Center. When he decided to go into teaching, he got a temporary certificate in February 2013. He started teaching at East River High School in Orange County in April 2013, as an end-of-the-year replacement. When he completed his master’s degree, the certificate was made permanent, and he holds Florida Educator Certificate 1191412 in the area of physics, valid through June 30, 2019. He was hired as a full- time science teacher at East River in the fall of 2013. In September 2013, a student complained that the Respondent insulted the school band and some of its members. The Respondent wrote a letter in response to the charge in which he denied any knowledge of what he might have said to insult any student or disparage any extracurricular activity of any student and absolutely denied any intent to insult or disparage the band or any band member. He also made an impassioned statement of his deep concern for his students and of the many ways in which he had been supporting the extracurricular activities of his students. The only other evidence on the subject was in the form of hearsay statements written by students who did not testify. Some of the students wrote that they never heard the alleged insults and disparagements. The evidence was insufficient to support a finding that there were any insults or disparagements. The September 2013 band complaint was found by the school administration to be unconfirmed. Nonetheless, the Respondent was given a letter of guidance, also called a directive to: exercise good judgment when engaging in discussions with students; use positive, encouraging comments to motivate and inspire students; take appropriate measures in discussions with students, so as not to expose a student to unnecessary embarrassment or disparagement; and protect all students from conditions harmful to learning and mental and/or physical harm. A letter of guidance or directive is not disciplinary in nature. In January 2014, a female student complained that the Respondent made her feel uncomfortable by standing close to her and by staring at her chest. The only evidence on the subject was in the form of hearsay statements written by students who did not testify. The evidence was insufficient to support a finding of fact in this case. Nonetheless, the January 2014 complaint was found by the school administration to be confirmed, and the Respondent was given another letter of guidance or directive to: consider in advance how to respond to various situations involving students and always maintain respectful distance so as not to invade personal space of individual students; and exercise care and professional judgment when engaging with students so that others would not perceive or misinterpret his behavior as inappropriate. No other incidents came to the attention of the school’s administration until May 27, 2014. Meanwhile, the Respondent’s performance as a teacher for 2013/2014 was evaluated by the school’s administration to be highly effective. On May 27, 2014, a student named Tanner Hearn complained to the school’s administration that the Respondent had been unfair, mistreated him, made negative comments about him, and called him names. The Tanner Hearn complaint was triggered by events beginning at the end of April or early May of 2014. Tanner wanted to raise a grade he got on one of his assignments. His mother, who is a teacher, suggested that Tanner ask the Respondent if he could redo the assignment. The Respondent refused because the assignment was 2-3 weeks late. After the refusal, Tanner told his mother that the Respondent had allowed other students to redo assignments to raise their grades. Tanner’s mother advised Tanner to ask again. The Respondent again refused. After the second refusal, now believing the Respondent was treating her son unfairly, Tanner’s mother advised him to e-mail the Respondent, which he did three times. Each communication with the Respondent was more demanding than the last. Finally, Tanner’s mother e-mailed the Respondent to support her son and strongly suggested that the Respondent let Tanner redo the assignment rather than make them set up a parent- teacher meeting with guidance and the school’s administration. The Respondent defended himself and refused to budge. The Respondent testified that his policy on redoing assignments evolved during the school year. Earlier in the year, he allowed student assignments to be reopened after the due date. Later, he settled on a policy that requests to redo an assignment had to be made before the due date. He testified that Tanner knew the policy and acknowledged it during a discussion they had earlier in the school year when Tanner was considering dropping physics. In late May 2014, when Tanner and his friends were at his house discussing the Respondent’s perceived unfairness towards him, the discussion turned to negative comments and name- calling by the Respondent directed towards Tanner previously during the school year. Tanner’s mother overheard the discussion. She thought the negative comments and name-calling were inappropriate and evidence of the Respondent’s unfairness towards her son. Mrs. Hearn called East River’s assistant principal, whom she knew personally, to complain and demand that something be done. This triggered an investigation by the school. As part of the investigation, the school’s administration interviewed numerous students to see if they ever heard the Respondent call any student derogatory names or embarrass or disparage them. Some students answered in the affirmative and reported what they remembered hearing. Others answered in the negative. Rachel Johnson, one of the students who reported hearing the Respondent call Tanner names, also stated that the Respondent embarrassed her by insulting her religion in the course of a discussion about a film he showed in class. The school’s administration investigated this new charge as well. Several students gave statements saying no improper commentary occurred. No other student statements corroborated the new charge. In her statement to the school’s administration, Rachel Johnson also complained that the Respondent gave exams early, contrary to school policy. No other student statements or testimony supported this charge. The school concluded its investigations in late August 2014. The school’s administration found that the Tanner Hearn and Rachel Johnson charges were confirmed by the investigation. The Respondent was given another letter of guidance or directive, this time accompanied by a reprimand, for failure to follow the approved exam schedule, improper use of video, and negative comments made to students. The Respondent testified that he disputed the reprimand and it was withdrawn, but there was no other evidence that it was withdrawn. In December 2014, Rachel Johnson gave another statement, which included a charge that the Respondent called her a dumb blonde and a stereotypical female. No witness statements corroborated this charge. Rachel Johnson testified in support of the charge. There was no other testimony or evidence in support of the charge. Only a few of the students who gave written statements testified at the hearing. Several testified that on occasion the Respondent would call certain students names like idiot, jackass, and stupid. They testified that the Respondent seemed to do this mostly to the three football players in the class, especially Tanner Hearn. There also was testimony that the Respondent would sometimes ask for a volunteer to answer a question but say something like, “anyone but Tanner since he won’t know the answer.” The context of these kinds of comments by the Respondent was not clear from the evidence. Probably, some were made out of anger or frustration after Tanner disrupted the class or acted out. Some were made jokingly as part of banter back and forth. The impact of these kinds of comments by the Respondent on Tanner and the other students also was not clear from the evidence. No student complained about them at the time they were made. Often, Tanner would appear to shrug them off and say something like, “ha, ha, very funny.” Tanner testified that, however he may have responded at the time, he was affected by the comments, and they made him less likely to participate in class. Some of the students testified that the comments were not made in a joking manner and that they were embarrassed for Tanner and sometimes said to him something like, “I can’t believe he said that to you.” Rachel Johnson testified in support of her anti- religion and dumb blonde charges. There was no other testimony in support of those charges. The Respondent denied them. After the investigations began in May 2014, Tanner’s demeanor and attitude towards school changed markedly. Before the investigations, he was a good if not a model student. He had a positive and enthusiastic attitude about school earlier in the year, especially during football season. During the investigations, he seemed to some to be quieter and less enthusiastic. In his mother’s words, the controversy of the investigations put a damper on the last few weeks of the school year. The precise reason for Tanner’s change of attitude towards school during the investigations is not clear. He and his mother agreed that he was not confrontational, and he did not want his mother to complain to the school. In addition, Tanner soon found himself the subject of another investigation. When the Respondent started hearing rumors that Tanner was telling other students he was going to get the Respondent fired, the Respondent told the school’s administration and asked for an investigation. Tanner testified that he asked the school’s administration what he should do at that point that he was advised to stop talking about the investigations. These developments may have been factors in Tanner’s change of demeanor at the end of the school year. The Respondent testified that he was not guilty of any of the charges. East River’s assistant principal testified that the Respondent admitted to her during the investigation that he called Tanner Hearn an “idjiout” (a variation of the word idiot). The Respondent testified that he did not remember making that admission. The evidence was clear and convincing that the Respondent called Tanner and other students names like idiot, jackass, or stupid on occasion during the course of the 2013/2014 school year. Sometimes this was done out of anger or frustration after Tanner disrupted the class or acted out. Sometimes the words were spoken loud enough to be overheard. Sometimes, it was done in a joking manner, as part of banter back and forth. The evidence was not clear and convincing that the Respondent reasonably knew or should have known that the student involved would be embarrassed or humiliated. None of the other charges against the Respondent were proven by clear and convincing evidence. The Respondent continued teaching at East River during the 2014/2015 school year. The school’s administration evaluated the Respondent’s performance as a teacher for the 2014/2015 school year to be effective. The Respondent did not return to teaching after the 2014/2015 school year because the investigations and their outcomes took a toll on him and he felt burnt out on teaching.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order dismissing the Administrative Complaint. DONE AND ENTERED this 15th day of December, 2016, in Tallahassee, Leon County, Florida. S J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of December, 2016. COPIES FURNISHED: Gretchen Kelley Brantley, Executive Director Education Practices Commission Department of Education Turlington Building, Suite 316 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) Melissa C. Mihok, Esquire Melissa C. Mihok, P.A. Suite 445 201 East Pine Street Orlando, Florida 32801 (eServed) Ron Weaver, Esquire Post Office Box 770088 Ocala, Florida 34477-0088 (eServed) Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 (eServed) 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 (eServed)
Findings Of Fact Respondent holds Florida teaching certificate 310395 covering the areas of biology and science. During the 1985-1986 school year, he taught ecology and science courses at Winter Park High School in the Orange County School District until he was relieved from duty on March 13, 1986, as a result of an investigation into the incidents and behavior described below. During the school day, Respondent repeatedly harassed the female students with sexual remarks, attempts at sexual humor, and requests for sexual favors and intimacies. The sexual harassment so permeated the classroom that Respondent was completely unable to discharge his professional teaching responsibilities. Faye Zentner was a senior at Winter Park High School during the 1985- 1986 school year. Notwithstanding the fact that Respondent knew that she was a student, he repeatedly asked her to go with him on a date, followed by dinner and bed. Unsolicited, he gave her his home telephone number and told her to call him. He frequently remarked on her clothing, advising her that she should not wear such nice clothes. He often communicated by notes that he would show her and then tear up. Ruth Evans was a senior at Winter Park High School during the 1985-1986 school year. She was in Respondent's science class. Respondent repeatedly complimented her on her dress. He would intentionally drop a pencil and watch her while she picked it up. At different times, Respondent told her that he "wanted her body" and thought that she had a "nice ass." He also told her that he wanted to "get between her legs." He asked her to go out with him and then to his place. One afternoon when Ms. Evans asked to leave class 10 minutes early for a school-sponsored softball game, Respondent's response was, "If you're not going to do anything for me, why should I do anything for you?" Kristen Fischer was a senior at Winter Park High school during the 1985-1986 school year. She was in Respondent's ecology class. Looking at her breasts and body while speaking, Respondent would frequently tell Ms. Fischer that he liked what he saw, including her tight jeans. As with the other female students, Respondent asked Ms. Fischer to go out with him and have a drink. The testimony of the remaining female students reiterated the above testimony and established a pattern of sexual harassment on the part of Respondent. Respondent summoned Juliana Gomes from the classroom and, in the hall, commented on her appearance and asked her out on dates. Ms. Gomes finally began reporting to school late in order to avoid her first-period class with Respondent. Respondent told jokes involving female body parts, such as the vagina, to Laurie Kreitner, another student. When she would not listen to these jokes privately at his desk, Respondent would tell them publicly to the entire class. Respondent regularly asked Sheila Buchanan, another of his students, what she was doing on that Friday night and where she would be. At spring break, he found out where she and her girlfriends would be staying at the beach and gave them his hotel room and telephone numbers with an invitation to call him. During the entire term in ecology, Respondent administered only one test and a couple of quizzes. Otherwise, the students and Respondent sat around and talked about movies and matters unrelated to the subject of the class. On more than one occasion, Respondent admitted that his grades were a reflection of whom he liked and whom he did not like. Respondent even allowed Ms. Buchanan to grade half of the finals, and she gave good grades to her friends.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that Respondent's teaching certificate be permanently revoked. ENTERED this 3rd day of May, 1989, in Tallahassee, Florida. ROBERT D. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 COPIES FURNISHED: Karen B. Wilde, Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301 Martin Schaap, Administrator Professional Practices Services 319 West Madison Street, Room 3 Tallahassee, Florida 32399 J. David Holder, Esquire Rigsby & Holder Suite 200 1408 North Piedmont Way Tallahassee, Florida 32312 Reginald Crooms 617 South Delaney Avenue, No. 19 Orlando, Florida 32801
The Issue The issue in this case is whether just cause exists to discipline Respondent based on allegations that she used inappropriate language when talking to students in violation of the Code of Ethics and/or the Principles of Professional Conduct, and if so, what discipline should be imposed.
Findings Of Fact The School Board is responsible for hiring, firing, and overseeing all employees for public schools within Duval County. In addition to the regular K-12 classes, the School Board has created the Bridge for Success program. The Bridge operates at eight sites within the Duval County school system. One of those sites is Ribault High School (“Ribault”). The Bridge is a new program, created to assist students who have fallen behind their chronologically-aged peers due to academic or other problems. The program is an innovative approach aimed at helping students who have fallen behind catch up with their peers and graduate from high school at about the same time as others of their same age. Many of the students in the Bridge program have behavioral issues as well as academic struggles. They can be a difficult group of students to teach. The goal of the Bridge program is “to promote and graduate” those students, to improve their attendance, and to teach them how to function as students. At its inception, there were 864 students in the program, distributed among the eight campuses. There were 108 students assigned to Ribault. By the end of the first school year, only 75 to 80 students remained in the program at Ribault. Some students had dropped out of school, some had moved to a different school, and it was difficult midway through the school year to replace those who had left. At all times relevant hereto, Quiller was a math teacher in the Bridge program at the Ribault location. She was hired for that position just prior to the 2013-2014 school year, the final year of the Bridge program. She had been teaching in the Duval County school system as a mathematics teacher for 21 years. Quiller is a graduate of Ribault and has very strong ties to the school. Quiller was chosen as a teacher for the Bridge program for many reasons: she was a graduate of Ribault and held a special place in her heart for the school and its students; she was certified in grades six through 12 for math, a less than common certification; she had a master’s degree in Guidance, giving her a better background and training for facing the Bridge students; she had been previously assigned to an alternative school for behavioral problem students; and, she demonstrated the kind of caring personality necessary for the challenges of teaching such students. When Quiller was hired, she mistakenly thought her position would be in the area of guidance. However, she was hired to teach math, partly in recognition of her status as a certified teacher in that area. She was hired to teach several math classes in the Bridge program, including Algebra I and II, Math for College, and Geometry. At the beginning of the 2013-2014 school year, the Bridge was not entirely ready for implementation at Ribault. There was a shortage of books and other materials and the program had not yet filled all the required staff positions. The start- up of the program was a challenge for both the teachers and school administrators. Also, the students in the Bridge program were not always cooperative or interested in school. No one denies that it was a difficult situation for all involved. Despite the lack of materials and adequate staff, Quiller’s classes began relatively well. She was a very strict teacher, demanding participation by all students regardless of their level of interest. She expected and required each student to be fully prepared when they entered the classroom. For example, the students were expected to have pen/pencil and paper, to have their homework completed, and to be ready for class. She was, however, very frustrated at times because many of the students seemed to ignore the fact that they were being given a second chance. They continued to demonstrate the kind of behavior that caused them to fall behind in the first place. As a result of their behaviors, many of the students in her classes were failing. Most of the students who testified at final hearing were in agreement that the classroom was fairly unruly, but agreed that Quiller was a stern disciplinarian and reacted promptly to quell any disruptions. Conversely, one student said the class was always quiet and that Quiller would make anyone making noise leave the classroom. Principal Davis began getting some complaints about Quiller beginning in September 2013, a month or so after commencement of the school year. The first complaints were relayed to her from assistant principal Micheau. During the first pep rally of the year (in late August), Micheau had been sitting with a group of students who were being disciplined and therefore, could not attend the rally. The students brought up unsolicited complaints about Quiller, saying that Quiller had used profanity towards her students. Micheau relayed these allegations to Principal Davis and Davis instructed Micheau to meet with Quiller and remind her that such language was not acceptable. Micheau met with Quiller and attempted to explain-- without being accusatory--that it was improper to use such language in front of students. Quiller denied ever having used inappropriate language with students; Micheau took Quiller at her word at that time. Sometime later, Micheau heard loud talking emanating from Quiller’s classroom area. When she investigated, she saw Quiller standing in the hallway next to her room. She was yelling loudly at a student and was obviously very upset. Micheau attempted to call her over and calm her down, calling out her name over and over, “Ms. Quiller. Ms. Quiller. Ms. Quiller.” Quiller yelled at Micheau to reprimand the student rather than her, saying, “You [Micheau] need to talk to these damn kids!” Micheau, shocked at Quiller’s language and her anger, removed the student from the classroom, and went back to her office. A few weeks later, Micheau was in her office adjacent to Quiller’s classroom. She and Rita Franklin, who was at the school that day as a School Improvement Coach, heard a loud commotion outside the office and went to investigate. When they came out of the office, they saw the school security guard already moving toward the sounds emanating from Quiller’s classroom. Upon arrival at the classroom, Micheau and Franklin heard Quiller talking very loudly to her students. She threatened to throw one student’s test paper into the trash. She told the students that the work they were being asked to do was third-grade work and they still could not get it right. She referred to the students as “hooligans” or “hoodlums.” When Quiller saw Micheau and Franklin outside her door, she reduced the volume and changed the content of her comments to the students. Quiller’s demeanor and actions were inconsistent with professional behavior by a teacher. Quiller denies making any of the alleged statements, except for the comment about some of the work being third-grade level. According to Quiller, that comment was made about some supplemental work she had assigned to an algebra project; she told the students it was third-grade work so they should not be intimidated by it. As to the comments about being flunkies, Quiller maintains that all she said was that the boys were flunking her class, although that would not have been an appropriate thing to say in front of other students. While Quiller seems to be generally honest and forthright, the most credible evidence is that she made remarks to the students along the lines of what Franklin and Micheau reported. Crimley, the security guard who was also present during one of the outbursts, heard Quiller say something about “getting this kid out of my damn class.” Crimley usually went into Quiller’s classroom three-to-five times a day but never heard her curse at students during those visits. Crimley attempted to testify at final hearing that some students had recanted their accusations against Quiller because “it had gone too far” and they did not want Quiller to be sanctioned. That testimony was not allowed due to its hearsay nature, but it is also inconsistent with the testimony of the students who testified at final hearing. On another occasion, Quiller was talking loudly to a student named Wayne and one or two other male students. The boys were doing some sort of vulgar dance and were attempting to enter the classroom at about the time the tardy bell was ringing. Quiller said something to the effect of “you are a bunch of flunkies and you need my class” and “your dirty ass can’t come into my class.” Both Micheau and another teacher, Ms. Crowden- Richardson, heard those comments. By the end of the first semester, i.e., about the time of the winter break from school, Principal Davis began getting additional complaints from students and their parents about Quiller. T.C., who was likely about to fail Quiller’s class, remembers hearing Quiller saying such things as “you kids can’t remember [sh--],” and “[N---s] always coming into my class and sleeping,” and she said students were coming into her class when high on drugs. C.F., who had a D and C on his first two grade reports from Quiller's class, heard Quiller say, “Y’all don’t do [sh--],” and also that students had been “smoking weed.” A.P., a D and F student in Quiller’s class, reported that Quiller told the class to “shut the [f---] up,” told kids to get their “ass” out of the classroom, and referred to students as “[N---s].” A.P. said these things were not yelled in anger, but in a normal tone of voice. F.H., an admittedly problem student, remembers Quiller telling a student to “Sit your ass down and come to class on time.” She also heard Quiller say, “[N---], please,” or some such comment. None of the aforementioned students’ testimony was individually very persuasive. Each of the students was struggling in class and had received their poor grades just prior to the time of the comments they reported hearing. It is certainly possible they had an axe to grind with Quiller. One student (D.R.) who testified that he never heard Quiller make such comments was passing the class, had regular attendance, and generally commended Quiller for being strict and stern with problem students. Nonetheless, the students’ description of Quiller’s comments and behavior was fairly consistent. The things they reported Quiller saying were very similar to contemporaneously written statements from them and other students. The alleged remarks were similar in nature to one another but not exactly the same, so the comments did not seem rehearsed or planned. The students were very direct and unwavering when testifying at final hearing. The greater weight of the evidence supports the contention that Quiller used inappropriate language in her classroom. In the letter notifying Quiller of her termination from employment, it is alleged that Quiller made the following inappropriate communications: “Kids do not do [sh--],” “You all should know this [sh--] already,” “Shut the [f---] up,” “Get out of my [f---ing] class,” “You do not do your [f---ing] work,” “You little [N---s],” and “You are all some lazy [N---s] for coming to class late.” There was not enough credible testimony to support all of the allegations that each of those things was said to students or in the presence of students. There was, however, sufficient evidence to support that some of those statements had likely been made. The contemporaneous written statements by students and staff support the verbal recollections made at final hearing, at least in part. While the students were making disparaging comments about Quiller, she was in turn making complaints to school administration concerning the program. She lamented the lack of materials and raised concerns about her own safety in the classroom. More than once, Quiller walked out of her classroom as she became too frustrated to teach. It was undoubtedly a very difficult situation for Quiller and other teachers. All in all, the Bridge program had elements of success as well as some problems. Some of the students were able to graduate with their classmates, some were able to catch up to those in their age cohorts, and some came to the realization that school simply would not be appropriate for them. The program gave students a good chance to make up for past failures. But it was not a panacea and did not work for everyone. Quiller asked that certain students be removed from her classes because she believed they were poisoning the other students. Some were removed, some were not. Quiller gave far more D's and F's to her students than other teachers in the program. Many of her students began to receive passing grades after Quiller was replaced, however. Quiller maintains that the low grades were given because the students earned them, i.e., they were not issued as punishment or retribution for bad behavior. But the students’ subsequent success under a different teacher suggests otherwise. Quiller appeared unemotional and stoic when discussing the allegations against her. Some of her responses to questions at final hearing seemed to be aimed at avoiding the allegations rather than denying them. She had undeniably been placed in a very trying and vexatious situation and tried to make the best of it, but she very well may have crossed the line at times with her words and behavior. It is impossible to place oneself in the environment in which Quiller was working, but it is easy to see that the classroom problems she faced could drive a person to outbursts on occasion. As opined by Davis and Micheau, there is never a valid reason to curse at students, but there are times when doing so could be more understandable. Quiller had been reprimanded in the past for using profanity in the presence of students. She received discipline on two separate occasions for her language. While she denied the allegations, there is some support for the premise that Quiller, on occasion, used profanity around or directly to her students. Even those who support her recognized that Quiller would sometimes use profanity, albeit fairly innocuous and restrained in nature. There is a strong suggestion in the testimony that Quiller was using such language in the hopes it would resonate with these students, described as the worst of the worst. However, there is no acceptable rationale for using such language around students. Quiller was placed in an almost untenable situation with the students assigned to her classes. They were unruly and generally well behind academically. She did not have all the tools needed to work with the students and her classes were too large. Nonetheless, she was expected to maintain her composure and professionalism. While that is easy to say without “walking a mile in her shoes,” it is still a prerequisite for teaching that the teacher act professionally and not do anything to disparage the students. Quiller was by all accounts a good teacher prior to her involvement in the Bridge for Success program. She received a most difficult teaching certification and had favorable annual reviews for most of her time as a teacher. She was sought and hired as a teacher at Ribault on the basis of her distinguished career and training. She is not a bad person or a bad teacher. However, she succumbed to a harsh situation and failed to maintain her decorum. Quiller’s prior disciplinary history included the following: December 2001--A written reprimand (Step II discipline) for using profanity in the presence of students; April 2013, 11 years later--A verbal reprimand (Step I) for making an inappropriate comment to a student; October 2013--A written reprimand (Step II) for using profanity and derogatory language in the presence of students; and February 26, 2014--The notice of termination at issue in the present case (Step IV). The School Board began its recent discipline of Quiller with a Step I verbal reprimand followed by a Step II written reprimand. Due to the nature of Quiller’s conduct, the School Board did not believe it had to follow the Step II discipline with Step III discipline, i.e., suspension without pay. Rather, it went directly to the most severe and extreme level of discipline, Step IV--Termination of employment.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by Petitioner, Duval County School Board, rescinding its termination of the employment of Joyce Quiller and, instead, suspending her for a period of time without pay and reassigning her to a less-challenging position. DONE AND ENTERED this 16th day of July, 2014, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN 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 16th day of July, 2014. COPIES FURNISHED: Wendy Byndloss, Esquire Assistant General Counsel City of Jacksonville Office of the General Counsel 117 West Duval Street, Suite 480 Jacksonville, Florida 32202 Stephanie M. Schaap, Esquire Duval Teachers United 1601 Atlantic Boulevard Jacksonville, Florida 32207 Dr. Nikolai P. Vitti, Superintendent Duval County School Board 1701 Prudential Drive Jacksonville, Florida 32207 Pam Stewart, Commissioner Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Matthew Carson, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue Whether just cause exists to suspend Respondent, a teacher, for ten days without pay for putting hand sanitizer in a student’s mouth.
Findings Of Fact The Parties The Board is the constitutional entity authorized to operate, control, and supervise the District. Pursuant to Article IX, section 4(b) of the Florida Constitution, and section 1001.32, Florida Statutes, the District has the authority to discipline employees pursuant to section 1012.22(1)(f), Florida Statutes. Respondent began her employment with the District in 2007. In October 2019, she was teaching at PPMS as a science teacher. Prior to the incident involved in this case, Respondent received no discipline from the Board. Respondent is an experienced teacher who has been trained on the proper method of interacting with students, exercising best professional judgment, and following policies, rules, and directives. Respondent received training concerning ethics relative to her position with the District as a teacher. Respondent has been through the orientation process for new employees of the District three times. The Incident Giving Rise to Discipline On October 14, 2019, Respondent was teaching a science class of approximately 30 sixth and seventh grade students. In this class was sixth grade student X.S., who was being verbally disruptive. Although X.S. was not cussing, Respondent told him that he needed to have his “mouth washed out with soap.” Respondent reached behind herself to grab a bottle on her desk which was either hand soap or hand sanitizer. X.S. and Respondent walked towards each other. X.S. challenged Respondent to “Do it!” Respondent raised the bottle to X.S.’s mouth and pumped in a substance from the bottle. X.S. bent over and spit on the floor. Respondent asked X.S. what he was doing, and he stated that he got hand sanitizer in his mouth. As X.S. stood up, X.S. was observed wiping his mouth and Respondent told him not to spit on the floor. X.S. left the classroom to go to the bathroom and rinse his mouth. His fellow students immediately began talking about the incident while Respondent returned to her desk. The Investigation X.S. did not immediately report the incident because he did not want to anger his foster mother. However, on the day after the incident, October 15, 2019, three students approached PPMS Principal Aronson and Officer Michaels and reported that Respondent had squirted hand sanitizer into X.S.’s mouth. Officer Michaels spoke to the students and X.S. individually and asked them to provide written statements regarding what they observed.1 Principal Aronson and Officer Michaels questioned Respondent regarding the incident. When approached by Officer Michaels, Respondent asked, “What is this about?” He responded that, “this is about squirting hand sanitizer into a student’s mouth.” Respondent said, “It wasn’t hand sanitizer. It was soap.” Respondent did not deny squirting something into X.S.’s mouth to either Principal Aronson or Officer Michaels. Principal Aronson asked Respondent to leave campus. He accompanied her to her classroom and observed a bottle of hand sanitizer on her desk. Principal Aronson also contacted Human Resources to report the incident and spoke to Human Resources Manager Jose Fred who handled overseeing the investigation from that point forward. 1 These written statements, Exhibits 11 through 16, were admitted over Respondent’s objection that they contain impermissible hearsay and are unduly prejudicial because these students refused to attend their scheduled depositions or appear for final hearing. However, their general descriptions of the incident were corroborated by the deposition of student J.C., as well as in part by Respondent. As discussed in Florida Administrative Code Rule 28-106.213(3), hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient in itself to support a finding unless the evidence falls within an exception to the hearsay rule as found in sections 90.801-.805, Florida Statutes. On October 15, 2019, Respondent was issued the one-day stay at home letter from Mr. Aronson titled “Assignment to Your Residence with Pay for October 15, 2019.” On October 15, 2019, Respondent was also issued a letter advising her that she was assigned to her residence for October 16 and October 17, 2019. Mr. Fred, under the supervision of Vicki Evans-Paré, Director of Employee and Labor Relations, compiled written statement of six students, took a written statement of Respondent on October 17, 2019, and drafted an Investigative Report dated October 18, 2019, which substantiated violations of applicable rules and Board policies. In her statement to Mr. Perez, Respondent claims it was X.S. who put his hand on hers and pulled the bottle to his own mouth and that she did not squirt anything. However, the remainder of her statement is consistent with the students’ reports of the incident.2 Post-Investigation Due Process On October 30, 2019, Respondent was provided with a Notice of Pre- Determination Meeting, which provided her with the allegations of misconduct. Respondent was provided with a copy of the entire investigative file and time to review it with the representative of her choice. Respondent attended a Pre-Determination Meeting on November 9, 2019, to give her the opportunity to provide any additional information, dispute, and explain or elaborate on any information contained in the Investigative Report. The Employee and Labor Relations (“ELR”) Department enlists the Employee Investigatory Committee (“EIC”) which reviews all of ELR’s case 2 At final hearing, Respondent testified that the bottle was never near the student’s mouth. This is wholly inconsistent with her prior written statement to Mr. Perez, her deposition testimony, and the statements of the students. This conflict negatively impacted Respondent’s credibility. files, inclusive of all documents maintained by ELR, of anything that might lead to suspension or termination, to make a suggestion to the Superintendent, if the allegations are substantiated. Once the EIC decides that the allegations are substantiated and recommends discipline, Ms. Evans-Paré takes the entire employee investigative file, inclusive of the EIC’s recommendations, to the Superintendent who then makes the ultimate recommendation for employee discipline. On November 22, 2019, Respondent was provided with supplemental information to the investigative file and provided an opportunity to respond to the documents by December 6, 2019. On December 9, 2019, Respondent requested that her response be placed in her file. She wrote “in response to the copies of the information from the District that is being used as evidence against me …” after reviewing the case file, complained that only six of 22 students were interviewed or provided statements and it was not an ethical, random sample of the class. Respondent also alleged that the documents had been altered; however, she did not provide any evidence of such during the final hearing or within the response. On December 6, 2019, Respondent again provided a response to the student witness statements to ELR wherein she stated “I have 22 students in my class, only 6 students filled out statements? You have 3 black children submitted in reporting, of which one is not accurate. Yet, they are the minority in this class, of which, 2 out of the 6 statements were from Hispanic students. It is surprising that not a single white student in my class noticed the incident.” On January 24, 2020, Respondent was notified that the Superintendent would recommend her a ten-day suspension without pay to the Board at its February 19, 2020, meeting. On February 19, 2020, the School Board adopted the Superintendent’s recommendations to suspend Respondent without pay for ten days. Respondent’s Post-Suspension Status Respondent’s suspension by the Board was picked up by the Associated Press and reported across social media and traditional media platforms locally and nationwide. Ms. Evans-Paré testified that typically, when a teacher is alleged to have done something inappropriate with students, the District cannot have the teacher in a classroom around students, so the teacher is reassigned to another location. Respondent was reassigned to adult and community education, so she was in a no-student contact position. Respondent was then moved into Human Resources Funding 9920 status due to the press and comments from the parents received by Principal Aronson and her inability to be returned to PPMS. This allowed Principal Aronson to hire another teacher to take her place. Respondent has not been back in the classroom as a teacher for the District since October 15, 2019.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Palm Beach County School Board uphold the ten-day suspension without pay and return Respondent to the classroom. DONE AND ENTERED this 30th day of April, 2021, in Tallahassee, Leon County, Florida. COPIES FURNISHED: S MARY LI CREASY Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 30th day of April, 2021. V. Danielle Williams, Esquire Palm Beach County School Board Office of the General Counsel 3300 Forest Hill Boulevard, Suite C-331 West Palm Beach, Florida 33406 Nicholas Anthony Caggia, Esquire Johnson and Caggia Law Group 867 West Bloomingdale Avenue, Suite 6325 Brandon, Florida 33508 Richard Corcoran Commissioner of Education Department of Education Turlington Building, Suite 1514 325 West Gaines Street Tallahassee, Florida 32399-0400 Jean Marie Middleton, Esquire Palm Beach County School Board Office of the General Counsel 3300 Forest Hill Boulevard, Suite C-331 West Palm Beach, Florida 33406 Matthew Mears, General Counsel Department of Education Turlington Building, Suite 1244 325 West Gaines Street Tallahassee, Florida 32399-0400 Donald E. Fennoy, II, Ed.D. Superintendent Palm Beach County School Board 3300 Forest Hill Boulevard, Suite C-316 West Palm Beach, Florida 33406-5869
The Issue Whether the allegations of the Administrative Complaint are correct and, if so, what penalty should be imposed.
Findings Of Fact At all times material to this proceeding, Roosevelt Harvey (Respondent) held Florida teaching certificate numbered 134571, valid through June 30, 1997. He is certified in the areas of mathematics, junior college, and administrative supervision. He has been employed by the Escambia County School Board for approximately 25 years, and scheduled to retire on August 1, 1991. During the 1987-88 and 1988-89 school years, Respondent was assigned to the Judy Andrews Middle School Center. 1/ In May 1989, Respondent was specifically assigned to assist Marc Brown, a classroom teacher, with maintaining discipline in Brown's classroom. The class was comprised of students with learning difficulties related to behavioral problems and lack of self control. The students had difficulty focusing on and completing tasks, and were often disruptive. On May 18, 1989, Brown's class was particularly disruptive. Respondent was first required to escort one sixth grade student, D. S., to the school dean's office to resolve a disciplinary referral submitted to the dean by Brown on the day before. The student was suspended. However, because there was no transportation available, the suspension was effective the following day and D. S. was returned to Brown's classroom. On May 18, 1989, other students in Brown's classroom were involved in altercations and leaving the classroom without approval. Respondent was subsequently directed to remain outside Brown's classroom and prevent students from leaving the area. Respondent was in the habit of using a double edged shaving razor blade to scrape errant marks off of duplicated copies of various written materials. The blade was not attached to any type of handle. On May 18, 1989, he was using the razor blade to remove stray marks from duplicated "National Geographic" articles which were to be used as part of a school project, while he monitored the hallway outside Brown's classroom. As Respondent stood outside Brown's classroom, the already suspended D. S. approached. Upon Respondent's inquiry, D. S.'s stated that he was on his way to the restroom. D. S. had no written restroom pass and Respondent instructed D. S. to return to the classroom. D. S. approached a second time and inquired about Respondent's razor blade. Respondent held the blade so that D. S. could see it, moved his hand holding the blade up and down vertically and stated, "Do you know what blood is? I'll show you blood." Respondent did not attempt any physical contact with D. S. and did not move towards the student. D. S. reentered the classroom. Some time thereafter, Respondent entered Brown's classroom to ascertain the whereabouts of another student. Upon Respondent's entry into the room, student J. C. approached and inquired about the razor blade. Respondent, otherwise occupied, ignored J. C., who persisted in his efforts to see the blade. Respondent eventually held the blade toward J. C. and stated, "I'm want to see some blood. Do you want to show me some of yours?" J. C. walked away from Respondent. Brown's classroom was in such a disorderly state, that Brown was distracted during the razor blade incidents. He did see student J. C. near the Respondent, and partially overheard Respondent's comment to J. C., but saw nothing that would suggest that the students were threatened by Respondent's behavior. Respondent believed that the students were "playing games" with him during the razor blade incidents. The razor blade was visible while he worked on the articles. He did not intend to harm or embarrass the students. Other than to encourage D. S. to return to the classroom, there is no behavior which directly involved an attempt to discipline a student. Although D. S. testified that he was "starting to get scared", neither D. S. nor J. C. yelled or attempted to run from Respondent. However, Respondent acknowledges that the actions were inappropriate and ill-advised. In 1986, Respondent received a three day suspension without pay from the Escambia County School Board for striking a student. In 1988, Respondent received A ten day suspension without pay from the Escambia County School Board for absences without authorization. Prior to the May, 1989 incident, the Respondent had sought transfer into a regular teaching position. Following the incident, he was suspended with pay from the Judy Andrews Center and then transferred to Pine Forest High School where he returned to classroom teaching. Other than the timing of the transfer, there is no evidence that the reassignment as directly related to the razor blade incident.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Education Practices Commission enter a Final Order suspending the teaching certificate of Roosevelt Harvey for a period of one year during which time Mr. Harvey shall be required to complete college-level course work on the subjects of assertive discipline and classroom management, followed by a one year probationary period. It is further recommended that, prior to employment in a classroom situation, Respondent submit to a psychological evaluation, to be supervised by the Education Practices Commission, in order to determine that the Respondent poses no threat of harm to students. DONE and RECOMMENDED this 28th day of August, 1991, in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM 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 28th day of August, 1991.
